How long can an employee request medical leave?
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A reader asks what to do after being diagnosed with an illness that requires extended leave.
Ask: I have been diagnosed with a mental illness for which I will require extended leave. Can I request a medical leave based on this? If so, for how long (paid and unpaid)?
Answer: As per your queries, it is assumed that you are employed in a mainland company and have completed your probationary period with your employer. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Labor Relations Regulation are applicable.
In the United Arab Emirates, an employee is entitled to 90 days of annual leave upon completion of their probationary period with an employer. This is in accordance with Article 31(3) of the Employment LawWhat states,
“The employee who completes his probationary period will be entitled to sick leave not exceeding (90) ninety days, successive or not, for each year of service, which will be calculated as follows:
to. The first (15) fifteen days with full salary;
b. The following (30) thirty days with half pay;
C. Subsequent period without remuneration.”
Additionally, an employee may take unpaid leave with the consent of his or her employer. This is in accordance with Article 33 (1) of the Employment LawWhat states,
“The worker may, with the consent of the employer, enjoy unpaid leave, other than the leave referred to in this article.”
The Employment Law and its subsequent ministerial decrees do not say anything about the nature of the illness to qualify for sick leave. Based on the aforementioned legal provisions, you can apply for long-term sick leave of up to 90 days per year as mentioned in the aforementioned document. Article 31 (3) of the Employment Law. He is entitled to receive full salary during the first 15 days of his sick leave. Thereafter, half pay for the next 30 days of sick leave and unpaid for any subsequent period of your sick leave.
Additionally, you must provide a medical certificate or report to your employer regarding the use of sick leave within 3 (three) days from the date you used the sick leave. This is in accordance with Article 31(1) of the Employment LawWhat states,
“The worker who contracts an illness that is not a work accident must report his illness to his employer, or his representative, within a maximum period of (3) three business days and must present a medical report on his condition from the medical institution. .”
In the event that you exhaust the stipulated 90 days of sick leave as mentioned above, you can request the employer to combine sick leave with annual leave. If necessary, you can also ask the employer to grant you unpaid leave due to your long-term illness.
However, your employer can also terminate your employment if you do not return at the end of the applicable sick leave. This is in accordance with Article 31 (5) of the Employment LawWhat states,
“The employer may dismiss the worker if he does not show up for work, after exhausting his sick leave referred to in this article, and the worker must reserve all his rights in accordance with the provisions of this Decree Law and its Executive Regulations.”
News Source: Khaleej Times
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