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Monday, September 5, 2011

Sick leave not to exceed 90 days - UAE Labour Law

5 September 2011
Q) I have completed two years as a manager in a company here under a 3-year limited contract. My performance has been assessed as ‘exceeding job requirement’. The company management does not give the allowances stipulated in the UAE labour law reasoning it is not as per the company policy. As a manager in the UAE, I advised the management to follow the law to avoid legal issues. I have taken a sick leave for 35 days in 2010 with management approval, but the sick leave is not yet paid. Though there was neither deficiency in my duty nor any written or verbal notice given to me, the management introduced another manager to take away all my responsibilities. Due to the conditions in the limited employment contract, the resignation was difficult. But now, the management has asked me to quit and has indirectly made my life miserable. What are my rights?

A) If the employee stays more than three months after the end of the probation period in the continuous service of the employer and he falls sick, he shall have the right to sick leave not exceeding 90 continuous or interrupted days for every year of service and shall be treated as (i) full wage for the first fifteen days, (ii) Half wage for next thirty days and (iii) any following period will be without wage. Your employer has no right to ask you to submit your resignation. As your sick leave pay is not yet paid and as your employer is asking you to submit your resignation, you may file a complaint with the Labour Department and seek remedy.