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Termination of employment due to ill health in UAE Dubai

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termination of employment due to ill health in UAE

Delve into the complexities of termination of employment due to ill health in UAE with Al Mulla Labour Lawyer & Legal Consultant.

This article will enlighten you on this sensitive topic’s rules, regulations, and legal implications.

Office of Al Mulla. Whatsapp: Click here. Location: Dubai. Phone: 00971501961291.

Termination of employment due to ill health in UAE.

An important question arises – can an employee be terminated for sickness?

The answer is no; employers are legally prohibited from dismissing an employee or issuing a termination notice while the employee is on sick leave.

However, if an employee has exhausted their full 90 days of sick leave and cannot return, the employer may terminate their services.

In the unfortunate event of such a termination, the employee is entitled to end-of-service benefits by the provisions of the labour law.

Sick leave UAE labour law 2023.

Employees are entitled to a maximum of 90 days of sick leave per year, subject to certain conditions:

  • Sick leave is only applicable after the completion of the probationary period.
  • The 90-day sick leave can be continuous or intermittent.
  • During the probationary period, an employee may take sick leave without pay, subject to the employer’s approval and based on a medical report confirming the need for the leave.

The salary during the sick leave is paid as follows:

  • Total pay for the first 15 days.
  • Half pay for the next 30 days.
  • No pay for the remaining 45 days.

However, there are exceptions to these rules.

Sick leave during probation period in UAE.

Employees are not eligible for paid sick leave in the following situations:

  • During the probationary period.
  • If the illness directly results from the employee’s misconduct, like alcohol or drug consumption.
  • If the employee has violated safety instructions as per UAE legislation and the employer’s regulations, of which the employee was informed.

Medical certificate for sick leave UAE.

According to Article 31 of the UAE Labour Law, an employee must inform their employer of their sickness within a maximum of three days and provide a medical report issued by a medical entity regarding their condition.

FAQs about termination of employment due to illness in UAE.

No, employers are legally prohibited from dismissing an employee or issuing a termination notice while the employee is on sick leave.
No, employees are not eligible for paid sick leave during the probationary period. However, they may take sick leave without pay, subject to the employer's approval and based on a medical report.

Conclusion.

In conclusion, understanding the complexities of termination of employment due to ill health in UAE is crucial for employers and employees. It aids in making informed decisions and ensures the fair treatment of all parties involved.

For further legal guidance on such matters, Al Mulla Labour Lawyer & Legal Consultant is a trusted name in the UAE for handling termination cases effectively and professionally.

Contact the office of Al Mulla via Whatsapp. Click here. Or visit us at our law firms: Dubai. You can also call us on phone: 00971501961291.

We recommend you read about Filing Lawsuit for Wrongful Termination in UAE Dubai and the Termination of Employment Dubai rules. Also, learn about Employment Termination labour law in UAE  Dubai.

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