Understanding Sick Leave in the UAE: A Comprehensive Guide for Employees and Employers

25-12-2024

Sick leave is a critical aspect of labor laws in many countries, and the UAE is no exception. Whether you're an employee or an employer, it's essential to understand the sick leave policies in place to ensure proper compliance with the law, as well as to maintain a healthy and productive work environment. In this detailed guide, we will walk you through the essential aspects of sick leave in the UAE, including eligibility, duration, pay, the process for applying for sick leave, and the roles and responsibilities of both employees and employers. We'll also answer some frequently asked questions to provide a full understanding of sick leave in the UAE.

What is Sick Leave in UAE?

Sick leave refers to the time off that an employee is allowed to take when they are unwell and cannot perform their job duties. It is a benefit provided by employers, and in the UAE, it is governed by the UAE Labour Law, which outlines the rights of employees and employers concerning sick leave. Understanding how sick leave works is crucial for both employees and employers, as it ensures the health and well-being of employees while maintaining fairness and compliance within the workplace.

Who is Eligible for Sick Leave in UAE?

In the UAE, employees are entitled to sick leave only after they have completed their probationary period. The probation period is a time when an employee's performance is evaluated to determine if they are suitable for the role. During this probationary period, employees are generally not eligible for paid sick leave. However, if an employee becomes ill during this time, they may still be entitled to sick leave without pay.

Once the probation period is successfully completed, employees are eligible for paid sick leave under the UAE Labour Law. The sick leave entitlement for employees who have completed their probationary period is 90 days per year, broken down as follows:

1. First 15 days: Employees receive their full salary during this period.
2. Next 30 days: Employees receive half of their salary.
3. Remaining 45 days: Employees are not entitled to any pay for the rest of the sick leave period.

It’s important to note that sick leave is granted for illness or injury, but certain conditions may disqualify an employee from taking sick leave. For instance, if the illness is caused by misconduct (e.g., drug abuse, intoxication), a violation of company safety policies, or an occupational disease that is not covered by the sick leave policy, employees may not be entitled to sick leave.

Additionally, sick leave is typically granted when employees are physically unable to perform their job duties due to illness, and it must be supported by proper medical documentation.

Sick Leave During Probation Period

As mentioned earlier, employees are not eligible for paid sick leave during their probation period. However, if an employee falls ill during probation, they may still be able to take unpaid sick leave. If the illness is severe or long-term, it may be possible for the employee to use medical reports to validate their need for time off, but this is subject to approval from the employer.

Employees should communicate with their employer if they are ill during their probation period and provide appropriate medical documentation if required. Employers may also have their own policies regarding sick leave during probation, which should be clearly outlined in the employment contract.

The Process for Applying for Sick Leave in UAE

Understanding the correct procedure for applying for sick leave is vital for both employees and employers. The sick leave process ensures that employees get the necessary time off to recover, and it also protects the interests of the employer by maintaining proper records and documentation.

Here’s a step-by-step breakdown of how employees should apply for sick leave in the UAE:

1. Notify the Employer
   As per the UAE Labour Law, employees must notify their employer within three days of becoming sick. Failure to notify the employer in a timely manner may result in the employee losing their entitlement to sick leave.
   Employees should inform their employer as soon as possible after they feel unwell, explaining the reason for their absence. Depending on the employer’s policy, employees may need to inform their supervisor, manager, or human resources department.
2. Obtain a Medical Certificate
   After notifying the employer, the next step is to obtain a medical certificate from a qualified medical professional or healthcare facility. The certificate should clearly state the diagnosis, the severity of the illness, and the recommended period of rest.
   The medical certificate serves as proof that the employee is genuinely ill and unable to perform their job duties. It is a crucial document required for sick leave approval, and without it, the employee may not be entitled to sick leave benefits.
3. Submit the Sick Leave Application
   Once the employee has obtained the medical certificate, they should complete a sick leave application form. This form may be provided by the employer or may be a standard document in the company’s employee handbook.
   The application should include the following:
   1. The employee's name and ID number.
   2. The date of illness and duration of sick leave.
   3. A copy of the medical certificate.
   4. The employee's contact information.
   After filling out the sick leave form, the employee should submit it along with the original medical certificate and a copy of their ID card (or other identification documents) to the employer for approval.
4. Pay the Attestation Fee (if required)
   In some cases, employees may need to pay a fee for attestation of their medical certificate. This fee is typically paid to the Ministry of Health or a similar regulatory body for the official recognition of the medical report.
   The fee is generally a small amount, but the employee must ensure that the payment is made and that they keep a receipt as proof of payment. Employers will need this receipt to process the sick leave request.

Sick Leave Pay and Benefits in the UAE

The UAE Labour Law provides employees with clear guidelines on how sick leave pay is structured. Employees who have completed their probation period are entitled to the following:

1. Full salary for the first 15 days of sick leave.
2. Half salary for the next 30 days of sick leave.
3. No salary for the remaining 45 days of sick leave.

This pay structure ensures that employees are financially supported during the early stages of their illness while still providing employers with some protection against long-term illness.

In certain situations, employees may also be eligible for extended sick leave if their illness is supported by additional medical documentation. However, this extended leave may not be paid, depending on the company’s policies and the employee’s contract.

Roles and Responsibilities of Employees and Employers

The sick leave process is based on mutual cooperation between employees and employers. Both parties have important roles and responsibilities to ensure that the system works smoothly and that both the employee’s health and the employer’s business needs are balanced.

Employee Responsibilities

1. Timely Notification: Employees must notify their employer of their illness within three days, as per the UAE Labour Law.
2. Providing Medical Documentation: Employees must submit a valid medical certificate from a licensed healthcare provider.
3. Following Company Policies: Employees must comply with their employer’s sick leave policies, including submitting necessary paperwork and adhering to deadlines.
4. Transparency: Employees should keep their employer updated on their health status, especially if the illness is prolonged or if additional medical certificates are required.

Employer Responsibilities

1. Clear Communication of Policies: Employers must clearly communicate the company’s sick leave policies to employees, ensuring that they understand their rights and responsibilities.
2. Fair Processing of Sick Leave: Employers must process sick leave requests promptly and ensure that employees receive the appropriate pay as per the UAE Labour Law.
3. Maintaining Records: Employers must keep accurate records of all sick leave taken by employees and ensure that documentation is properly filed for future reference.
4. Supportive Work Environment: Employers should create a supportive work environment where employees feel comfortable taking sick leave when needed, without fear of retaliation.

Why Do You Need a Medical Certificate for Sick Leave?

Is it Required by Employers?

Yes, in most cases, employers in the UAE require a medical certificate to validate an employee’s sick leave request. This is essential for several reasons:

1. Verification of Illness: Employers need confirmation that the employee is indeed ill or injured and unable to perform their duties.
2. Preventing Abuse of Sick Leave: A medical certificate helps ensure that employees are not taking sick leave without valid reasons, which could lead to misuse of company time.
3. Liability Protection: By having a medical certificate, employers protect themselves from liability in case an employee suffers further complications while working during their sick leave period.
4. Preventing the Spread of Illness: Employers may also use the medical certificate to ensure that employees with contagious conditions do not come to work and potentially spread illness to coworkers.

Is it Required According to UAE Labour Law?

Yes, under UAE Labour Law, Article 31 clearly states that employees must notify their employers about their sickness within a maximum of three days. Furthermore, a medical report must be submitted, issued by a recognized medical entity, to justify the employee’s absence.

The law also specifies that employees who take sick leave for more than five consecutive days must have their medical certificates attested by the Ministry of Health and Prevention (MOHAP) or other relevant health authorities.

Does Providing a Medical Certificate Increase the Chances of Sick Leave Acceptance?

Yes, submitting a valid medical certificate increases the likelihood of your sick leave request being approved. It serves as concrete proof of your illness or injury, showing that you are serious about your health and following the proper procedures to recover.

What Conditions Qualify for a Medical Certificate?

A wide variety of health conditions can qualify you for a medical certificate, including both physical and mental health issues. Common conditions that typically require a medical certificate for sick leave include:

1. Common Cold or Flu: These are typical reasons for short-term sick leave.
2. Respiratory Illnesses: Conditions like pneumonia or bronchitis may require medical leave.
3. Digestive Issues: Illnesses such as gastroenteritis or food poisoning may necessitate time off.
4. Musculoskeletal Injuries: Injuries like sprains, strains, or fractures that affect mobility can lead to sick leave.
5. Chronic Illnesses: Conditions such as diabetes, asthma, or heart disease often require time off to manage symptoms.
6. Mental Health Conditions: Disorders such as anxiety, depression, or stress-related conditions may also require medical leave.

If you're unsure about whether your condition qualifies for sick leave, it is always advisable to consult with your healthcare provider or the HR department at your workplace.

How to Get a Medical Certificate for Sick Leave in the UAE

How Does the Process Work?

To obtain a medical certificate in the UAE, you need to visit a licensed healthcare professional, such as a doctor or physician, for an examination. After assessing your condition, the doctor will issue a medical certificate, which serves as proof of your illness and justifies your absence from work.

Who Can Provide a Medical Certificate?

A medical certificate can be issued by a variety of licensed healthcare providers, including:

1. Hospitals: Both public and private hospitals in the UAE can issue medical certificates.
2. Doctors: General practitioners or specialists working in clinics and medical centers can also provide certificates.
3. Government Health Centers: Health centers operated by the Dubai Health Authority (DHA) or the Abu Dhabi Health Services Company (SEHA) are authorized to issue medical certificates.

All healthcare providers in the UAE are legally permitted to issue medical certificates as long as they are licensed by the government. These professionals must adhere to strict ethical and regulatory guidelines to ensure the validity and accuracy of the medical certificates they provide.

What is the Process to Acquire a Medical Certificate?

Here’s a step-by-step breakdown of how to obtain a medical certificate for sick leave in the UAE:

1. Visit a Licensed Healthcare Provider: Schedule an appointment with a doctor, clinic, or hospital authorized to issue medical certificates.
2. Explain Your Condition: Clearly describe your symptoms and provide any relevant medical history to help the doctor assess your condition.
3. Undergo a Medical Examination: The doctor will perform the necessary exams, which may include physical checks, diagnostic tests, or even referrals to specialists if needed.
4. Receive the Medical Certificate: After the examination, the doctor will issue a certificate that includes your diagnosis, the recommended period for recovery, and a statement regarding your ability to work.

Can You Request a Sick Leave Certificate for a Previous Date?

Yes, you can request a medical certificate for a previous date, provided it falls within the acceptable timeframe specified by your employer or the UAE Labour Law. In some cases, a valid reason (such as hospitalization or a delay in accessing medical care) may be required to justify the request for a retrospective certificate.

Can You Take Sick Leave Without a UAE Health Certificate?

In some cases, especially for short-term absences (typically less than two days), employers may accept a self-declaration or verbal explanation of your illness instead of requiring a formal medical certificate. However, for longer-term sick leave or recurring absences, a medical certificate is generally required by both employers and the UAE Labour Law.

Medical Certificate Attestation

Does the Medical Certificate Require Attestation?

Whether or not a medical certificate requires attestation depends on its intended use. For most workplace-related sick leave requests, attestation is not necessary. However, if the certificate is being used for official purposes, such as for applying for a visa or submitting it to government agencies, attestation may be required.

Who Can Attest to the Certificate?

For medical certificates used for official purposes (such as immigration or visa-related matters), attestation must be done by relevant authorities. The UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC) typically attests certificates for international use, while the Ministry of Health and Prevention (MOHAP) can attest certificates used for domestic purposes.

What is the Process for Attestation?

Here’s the general process for attesting a medical certificate in the UAE:

1. Obtain the Original Certificate: Ensure that you have the original medical certificate from your healthcare provider.
2. Complete the Attestation Application: Fill out an attestation form, which is typically available online or at the attestation office.
3. Submit Documents: Submit the form, your medical certificate, and any additional documents required by the attestation authority.
4. Pay the Fee: There may be a fee associated with the attestation process, which you’ll need to pay upon submission.
5. Collect the Attested Certificate: Once the attestation process is complete, you can collect your official, attested medical certificate.

How Quickly Can You Get a Medical Certificate?

The time it takes to obtain a medical certificate depends on two factors: the examination and the attestation process.

1. Obtaining the Certificate from a Physician: In most cases, you can receive a medical certificate within the same day or within 24 to 48 hours after the examination. This is particularly true for straightforward illnesses that do not require further tests.
2. Attesting the Medical Certificate: The attestation process can take a few days to a week, depending on the specific authority and the complexity of the case.

How to Apply for Sick Leave and Submit the Medical Certificate

When Would You Need to Provide a Medical Certificate?

A medical certificate is usually required if:

1. You are taking more than three consecutive days of sick leave.
2. Your employer requests a medical certificate for any sick leave.
3. Your employer has concerns about the legitimacy of your sick leave request.

How to Apply for Sick Leave?

Inform Your Employer: Notify your employer as soon as possible about your illness and your intention to take sick leave. Ideally, this should be done before the start of your workday.

Submit the Medical Certificate: If required, submit the medical certificate as soon as possible, either digitally or in person, according to your employer’s policies.

Conclusion

Sick leave is an important benefit for employees in the UAE, providing them with time off to recover from illness while ensuring that their rights are protected. Understanding the sick leave process, pay structure, and the roles and responsibilities of both employees and employers is crucial to maintaining a fair and supportive work environment.

By following the proper procedures, employees can ensure that they are entitled to sick leave when they need it most, while employers can manage sick leave efficiently and in compliance with the UAE Labour Law. Clear communication and documentation are key to ensuring a smooth and effective sick leave process, fostering trust and cooperation between employees and employers.

Disclaimer:

The information provided in this article about medical and sick leave under UAE Labour Law is intended for general informational purposes only. While we strive to offer accurate and up-to-date details, the content may contain inaccuracies or omissions, and is not a substitute for professional legal advice. The UAE Labour Law and employer-specific policies may change over time, and the interpretation of such laws may vary depending on specific circumstances.

We strongly recommend that you consult your employer's guidelines, review official documentation, or visit the official UAE Labour Law website for the most accurate and current information. The information shared in this article may not reflect the latest legal updates, and any decisions made based on this content are at your own risk.

By using this article, you acknowledge and agree that the author and publisher are not responsible for any loss, harm, or legal consequences that may arise from relying on the information provided. Always verify details with official resources and consult a qualified legal professional when necessary.

Frequently Asked Questions (FAQs)

1. Can I take sick leave if I’m on probation? Employees are generally not entitled to paid sick leave during the probation period. However, they may still be able to take unpaid sick leave if they provide a valid medical certificate.
2. What happens if I get sick and cannot inform my employer within three days? If an employee fails to notify the employer within three days of becoming sick, they may lose their entitlement to sick leave pay. It is important to notify the employer as soon as possible to avoid complications.
3. Can an employer deny sick leave? Employers cannot deny sick leave if the employee provides the necessary documentation, including a medical certificate. However, employers may ask for additional verification if they suspect the sick leave is being abused.
4. How is sick leave paid? Sick leave pay is structured as follows:
   1. Full pay for the first 15 days.
   2. Half pay for the next 30 days.
   3. No pay for the remaining 45 days.
5. Can I take sick leave for more than 90 days? Employees are entitled to up to 90 days of sick leave per year under the UAE Labour Law. If additional sick leave is needed, it may be subject to further approval by the employer or relevant authorities.

Read more about types of Leaves in UAE Labour Law: Annual Leave in UAE

How Timechart Can Help Businesses, Employees, and Managers

Timechart offers a range of tools and features designed to streamline workforce management. Its user-friendly interface and smart functionalities provide significant benefits for businesses, employees, and managers alike. Let’s explore how Timechart simplifies attendance tracking, unpaid leave management, and overall employee engagement.

Benefits for Businesses

1. Efficient Leave Management:
   • Timechart automates leave tracking, making it easy to manage unpaid leave, annual leave, and sick leave.
   • Businesses can ensure compliance with UAE Labour Laws, reducing legal risks.
2. Accurate Attendance Tracking:
   • Timechart’s biometric attendance system eliminates manual errors and provides real-time updates on employee attendance.
   • Mobile time attendance capabilities ensure remote and on-site employees are accounted for.
3. Improved Compliance:
   • Built-in features help employers stay updated with labour law requirements, including Hajj leave, extended sick leave, and maternity leave policies.
   • Customized reports ensure accurate records for audits or inspections.
4. Cost Savings:
   • Automating processes reduces the need for manual administration, saving time and resources.
   • Detailed analytics provide insights into employee productivity and absenteeism trends, helping businesses optimize their workforce.

Benefits for Employees

1. Transparency in Leave Tracking:
   • Employees can easily apply for unpaid leave and monitor their leave balances using the Timechart app.
   • Automated notifications ensure they are updated on the status of their leave requests.
2. Flexibility for Remote Work:
   • Timechart’s mobile features enable employees to log attendance from anywhere, ensuring seamless workflow for remote or hybrid teams.
3. Access to Records:
   • Employees can access their attendance history, overtime records, and leave applications anytime, promoting trust and transparency.
4. Stress-Free Compliance:
   • With clear visibility into labour law-compliant leave policies, employees feel secure and confident in their entitlements.

Benefits for Managers

1. Centralized Management:
   • Managers can oversee attendance, unpaid leave, and sick leave requests from a single dashboard.
   • Real-time updates allow managers to make informed decisions quickly.
2. Improved Productivity:
   • With attendance data and leave patterns readily available, managers can allocate tasks effectively, avoiding understaffing or overburdening employees.
3. Enhanced Communication:
   • Timechart bridges communication gaps by enabling direct updates on leave approvals, attendance discrepancies, or schedule changes.
4. Performance Insights:
   • Analytics and reports generated by Timechart provide a clear picture of employee performance, enabling proactive management.

Additional Benefits

1. Customizable Policies:
   • Timechart allows businesses to customize leave and attendance policies based on their unique needs while remaining compliant with UAE laws.
2. Cloud-Based Accessibility:
   • As a cloud-based platform, Timechart ensures secure access to data from anywhere, promoting flexibility and scalability.
3. Integration with Payroll:
   • Timechart integrates seamlessly with payroll systems, ensuring accurate calculation of unpaid leave deductions and other benefits.
4. Enhanced Employee Engagement:
   • By reducing administrative burdens and improving communication, Timechart fosters a more engaged and motivated workforce.

Why Choose Timechart?

Timechart’s advanced yet simple tools are designed to meet the unique needs of businesses in the UAE. It ensures compliance with local labour laws, enhances operational efficiency, and promotes transparency at every level. Whether managing unpaid leave, streamlining attendance tracking, or improving employee satisfaction, Timechart stands out as an invaluable tool for modern workforce management.

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