Combating coronavirus: Employers in UAE must remunerate staff for quarantine period

Law No. (23) of 2005 regarding the health insurance scheme for the emirate of Abu Dhabi (the 'Abu Dhabi Health Insurance Scheme') shall also be applicable.

Q-I have been kept under quarantine inside my accommodation situated in an industrial park in the emirate of Abu Dhabi since March 24. In the course of the quarantine, few occupants living in my accommodation camp tested positive for Covid-19. My employer introduced a policy due to which only employees who are able to work are remunerated owing to which I have not been paid since I have been unable to report to work while I was quarantined. My employer has asked me to utilise my annual leave for remuneration in the month of April. Is my employer required to remunerate me for the duration I have been kept under quarantine? Is the employer required to bear the charges arising from Covid-19 tests being conducted on its employees?
Answer
Pursuant to your queries, we assume that you are employed by an employer incorporated in the mainland of the emirate of Abu Dhabi, and therefore, the provisions of Federal Law No. (8) of 1980 regulating employment relations in the UAE (the 'Employment Law') and the subsequent ministerial decrees shall be applicable. Further, Law No. (23) of 2005 regarding the health insurance scheme for the emirate of Abu Dhabi (the 'Abu Dhabi Health Insurance Scheme') shall also be applicable.
In response to the first part of your query, it may be noted that if an employer demands an employee to be kept under quarantine, then the organisation may be under an obligation to remunerate the employee for the duration the staff has been kept under quarantine since it was imposed on him and not voluntarily taken. The said quarantine may be treated as a sick leave and may come under the purview of Article 83 (2) of the Employment Law, which states:
"An employee who contracts illness after completing three months, following the probationary period, in the continuous service of an employer shall be entitled to a sick leave not exceeding 90 days, successive or otherwise, in respect of each year of service, to be calculated as follows.

. The first 15 days: with full pay.
. The next 30 days: with half pay.
. Any subsequent periods: without pay."
In furtherance, it may be noted that since your employer has demanded that you utilise your annual leave for the duration of your quarantine, you may be entitled to your annual leave remuneration, which includes your basic salary and housing allowance if applicable as part of your annual leave salary. This is in accordance with Article 78 of the Employment Law, which states:
"Each employee shall be entitled to his basic salary and the housing allowance, if applicable, in respect of his days of annual leave. ."
The Covid-19 testing shall be conducted free of charge for those suspected to have contracted the virus and for vulnerable groups. Hence, if you fall within the suspected or vulnerable groups, your testing may be conducted for free. Additionally, it may also be noted that the Abu Dhabi Department of Economic Development (the ADDED) has announced that the testing facility in Mussafah shall offer free of charge testing for employees.
Further, an employer shall be responsible for providing health insurance for all its employees. This is in accordance with Article 5 of the Abu Dhabi Health Insurance Scheme, which states:
"Every employer shall provide health insurance coverage for all his employees and their family members covering the employee's wife and three children under 18 years of age. ."
Therefore, Covid-19 testing charges may be claimed from the insurance company you are insured by in accordance with the prevailing insurance regulations. However, if your employer deducts Covid-19 testing charges from your remuneration, it may be violation of Article 60 of the Employment Law by your employer as the employer may not deduct a portion of remuneration of its employees without any valid reasons.
Based on the aforementioned provisions of law, you may approach your employer and request him to remunerate you for the annual leave that your employer had demanded you to utilise during the duration of your quarantine. If your employer refuses to remunerate you and further deducts Covid-19 testing charges from your remuneration, you may consider approaching the Ministry of Human Resources and Emiratisation to file a complaint against him.
Know the law
If your employer deducts Covid-19 testing charges from your remuneration, it may be violation of Article 60 of the Employment Law
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.