UAE Covid: Can I be forced to work from home as I recover?

In response to your query, it may be noted that as an employee, you may avail your statutory right to sick leave not exceeding 90 days once you have completed your probation period and an additional 3 months’ of continuous service after. This is in accordance with 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 provisions under the Employment Law pertaining to sick leave have not been amended by the Ministry of Human Resources Emiratisation (the MOHRE) in respect of Covid-19. They continue to be applicable. Therefore, a quarantine period in relation to Covid-19 may also be treated as a sick leave and may come under the purview of the aforementioned provision of law.

Having said that, it must be noted that as an employee, should you choose to avail sick leave, you are required to provide your Employer with a ‘Sick Leave Certificate’ which may be issued by a Dubai Health Authority (the DHA) licensed doctor.

In view of the foregoing, you may approach your Employer requesting that you be granted sick leave for a few days during your home quarantine. Along with your request, it may be prudent on your part to provide your Employer with your Covid-19 positive test result, a doctor’s letter, and a ‘Sick Leave Certificate’.

Upon your request, should your Employer refuse to grant you a sick leave, you may consider approaching the MOHRE to file a complaint against your Employer.

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.