Dubai - You will get paid sick leave for 15 days after probation
After undergoing surgery, I have been advised by the doctor to take 14 days medical leave and the Dubai Health Authority (DHA) issued me a sick certificate. The certificate has been submitted to the employer, but despite that they have not approved my medical leave. Can the employer deduct my salary? What are the other consequences?
Answer: Pursuant to your queries, we assume that you have completed probation period of your employment with your employer. An employee is entitled to 90 days of continuous or non-continuous days of medical leave in accordance with Article 83 of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the 'Employment Law') which states,
"1. The employee shall not be entitled to any paid sick leave during the probation period.
2. If the employee has completed more than three months after the probation period in the continuous service of the employer and falls ill, he shall be entitled to sick leave not exceeding 90 days whether continuous or otherwise, in respect of every year of service.
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If an employee has completed more than three months after the probation period and falls ill, he shall be entitled to sick leave not exceeding 90 days whether continuous or otherwise, in respect of every year of service
Such leave shall be calculated as follows:
a) The first 15 days with full pay.
b) The next 30 days, with half pay.
c) Any subsequent periods, without pay."
Further, we assume that you have reported your illness to your employer within two days and furnished a medical certificate issued by Dubai Health Authority to your employer in accordance with Article 82 of the Employment Law, which states, "Where an employee contracts an illness otherwise than as a result of an employment injury, he shall report his illness within a maximum of two days and the employer shall thereupon take the necessary steps to have him medically examined immediately for the purpose of verifying his illness."
Based on the aforementioned provisions of the employment law, your employer is not entitled to deduct your salary save the aforesaid provisions of Article 83 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, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: firstname.lastname@example.org or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.