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Termination of Employment for Medical Reasons in UAE

termination of employment for medical reasons in UAE

This article aims to shed light on the intricacies of termination of employment for medical reasons in UAE, helping you navigate the complexities and ensure fair treatment.

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

Termination of employment for medical reasons in UAE on sick leave.

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.

In the unfortunate event of employment termination due to health reasons, employees must know their rights. Employees who have been 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 termination of employment for medical reasons in UAE.

Employees are entitled to 90 days' sick leave per year, which becomes applicable after the completion of the probationary period. This sick leave can be taken either continuously or intermittently. Salary payments are full pay for the first 15 days and half pay for the next 30 days.
Employers cannot legally terminate an employee while on sick leave, but if they exhaust their full 90-day sick leave and cannot resume work, the employer has the right to terminate their services.
Employees are not eligible for paid sick leave during their probationary period if the illness results from their misconduct or if they violate safety instructions.
Employees terminated for health reasons are entitled to end-of-service benefits as stipulated by labour law.

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 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 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.

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