Dubai - If an employee has completed more than three months after the probation, he is entitled to sick leave.
Published: Sat 3 Nov 2018, 11:00 PM
Updated: Wed 23 Jan 2019, 8:28 AM
Question: After my official maternity leave, I was signed off with additional sick leave for a further three weeks. I provided my company with sick leave certificate for each of these weeks. My company has now informed me that my salary for this sick leave will be deducted. My understanding from labour law is that this is illegal. Please confirm.
Answer: We assume that you availed sick leave shortly after you resumed work upon completion of your maternity leave. Your employer says it would deduct the salary for the approved sick leave despite you providing them the medical certificate in support of it. You are entitled for salary as mentioned in Article 83 (2) of the Federal Law No. 8 of 1980 regulating employment relations in the UAE (the 'Employment Law'), which states, "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. Such leave shall be calculated as follows:
Based on the aforementioned provision of law, you are entitled for full salary for the first 15 days and for the remaining period of sick leave you are entitled for half salary.
Know the law
If an 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.
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: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai