If you are grappling with a mental illness that necessitates an extended absence from work, it’s crucial to understand your rights and the procedures laid out by the UAE employment law regarding medical leave. Based on the presumption of your employment with a mainland company and the completion of your probation period, the guidelines under Federal Decree Law No. 33 of 2021 on the Regulations of Employment Relations apply.
Understanding Your Sick Leave Rights
In line with Article 31(3) of the Employment Law, employees who have completed their probationary period are entitled to up to 90 days of sick leave per year—whether taken consecutively or in parts. This break down as follows:
- The first 15 days with full pay
- The subsequent 30 days at half pay
- Any additional period without pay
Availing Leave Without Pay
Should you find yourself in need of more time off beyond the 90 days sick leave, it’s possible to request additional leave without pay. This request, however, must receive the approval of your employer, aligning with Article 33 (1) of the Employment Law which allows for unpaid leave upon employer consent.
Sick Leave Application Process
For a valid sick leave application, you’ll need to notify your employer of your illness within three working days and furnish a medical certificate or report from a certified medical institution. This ensures that your leave is duly recognized and processed in accordance with Article 31(1) of the Employment Law.
Long-Term Sickness and Employment Contract Continuity
Exhausting your sick leave does not mean the end of the road. You have the option to combine your sick leave with your annual leave or request further unpaid leave from your employer. It is essential, however, to be aware of your employment contract’s terms during long-term sickness. Should you be unable to return to work upon exhausting your entitled leave, your employer has the right to terminate your employment while preserving your entitlements, as stipulated in Article 31 (5) of the Employment Law.
Understanding your rights and obligations regarding sick leave, especially in the context of mental illness, is key to managing your health and employment effectively in the UAE. Always ensure you communicate with your employer and, where necessary, seek professional advice to navigate these processes smoothly.
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