Upon a 15-day probation period, you are entitled to receive sick leave payment.
I underwent a surgery, the doctor advised I take a 14-day medical leave and I was issued a sick certificate by the Dubai Health Authority (DHA). Upon submission of the certificate to the employer, my medical leave was not approved. Can the employer deduct my salary? What are the consequences?
Answer: As per your enquiry, you’re required to have satisfied the probation period of your employer. However, as an employee, you’re entitled to a 90-day medical leave in proper accordance with Article 83 of the Federal Law No. 8 of 1980 regulating employment relations in the UAE (the ‘Employment Law’).
This law states that:
“1. The employee shall not be entitled to any paid sick leave during probation period.
- 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:
- a) The first 15 days, with full pay.
- b) The next 30 days, with half pay.
- c) Any subsequent periods, without pay.”
More so, in accordance with Article 82 of the Employment Law, which states, “Where an employee contracts an illness otherwise than as a result of an employment injury, he shall report his illness within a maximum of two days and the employer shall thereupon take the necessary steps to have him medically examined immediately for the purpose of verifying his illness.”, it’s believed that you have duly reported your illness to your employer within two days of its occurrence and provided the medical certificate issued by Dubai Health Authority to your employer.
Accordingly, on the precedence of the provisions of the employment law, your employer thus lacks the jurisprudence to deduct of your salary, except of the provisions of Article 83 of the Employment Law.