This article provides details about termination of employment for medical reasons in UAE, helping you navigate the complexities and ensure fair treatment.
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Termination of employment for medical reasons in UAE
One common question regarding employment termination in the UAE is, “Can an employee be dismissed due to illness?” The answer is nuanced.
Employers cannot legally terminate an employee or serve a notice of termination while the employee is on sick leave.
However, if the employee exhausts their full 90-day sick leave and cannot resume work, the employer has the right to terminate their services.
Employee Rights and Benefits.
Employees must know their rights in the unfortunate event of employment termination due to health reasons. Employees dismissed under these circumstances are entitled to end-of-service benefits as stipulated by labour law.
Sick Leave Provisions.
Employees are entitled to a maximum of 90 days of sick leave per year, with 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:
- Full pay for the first 15 days.
- Half pay for the subsequent 30 days.
- No pay for the remaining 45 days.
Exceptions to Sick Leave Provisions.
There are, however, certain exceptions to these rules. 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.
Sick leave without medical certificate 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 employment ending for medical reasons in UAE
Conclusion.
Navigating the complexities of termination of employment for medical reasons in UAE can be daunting for both employers and employees. However, with the right knowledge and guidance, these challenges can be effectively managed. It’s advisable to seek expert legal advice when dealing with such matters.
Contact Al Mulla Lawyers today! Click the Whatsapp icon below or visit our Contact Us page.
Find us at these locations:
– Dubai: Deira, Port Saeed, Street 8, City Avenue Building, Office 705-708.
– Abu Dhabi: Corniche Street, Golden Tower, Office 22.
– Ras Al Khaimah: Al Nakheel, Al Maamoura Building (Emirates NBD Bank Building), Fourth Floor.
We recommend you read about the Termination in Dubai rules and learn about the Labour Law for Termination of Employment in UAE Dubai 2023. Also, you can Consult the Top 10 Employment Termination Lawyers UAE Dubai.
A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.