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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63435 | نسبة الرضا 98.2%

Lawyer

I was on anual leave for 30 days and I got sick on...

تم تقييم هذه الإجابة:
I was on anual leave for 30 days and I got sick on my returning day then I extend for 5 days and provided them my medical certificate before joining now when I came back they are still making me seat for 5 days for no reason when I am totally fit to join

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63435 | نسبة الرضا 98.2%

The Labor Law grants the worker the right to obtain ninety days of sick leave per year.
The same law also obliges a worker who falls ill outside of work to inform his employer of his illness within three days.
So that the worker avoids any penalty being imposed against him.
If the employer does not commit to returning you to work, you can file a complaint with the Ministry of Human Resources and Emiratisation.
Here is the text of the UAE Labor Law, which is relevant to your inquiry:
Article 31
1. If the worker becomes afflicted with an illness not resulting from a work-related injury, he must inform the employer or his representative of his illness.
Within a period not exceeding three (3) working days, he must submit a medical report on his condition issued by the medical authority.
2. The worker is not entitled to paid sick leave during the trial period. However, the employer may grant him unpaid sick leave, based on a medical report issued by the medical authority that includes the necessity of granting the leave.
3. After the end of the probation period, the worker is entitled to sick leave for a period not exceeding ninety (90) consecutive or intermittent days for each year, to be calculated as follows:
a. (15) The first fifteen days with full pay.
B. (30) The next thirty days with half pay.
C. The following period is without pay.
4. Sick leave is not payable if the illness resulted from the worker’s misconduct, in accordance with the cases specified in the executive regulations of this decree law.
5. The employer may terminate the worker’s service after exhausting his sick leave referred to in this article, if he is unable to return to work, provided that the worker receives all his financial dues in accordance with the provisions of this decree law and its executive regulations.

الرد من العميل

Can I do a complaint on that or I am wrong anywhere

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63435 | نسبة الرضا 98.2%

If you have committed to notifying the employer within three days of your illness, then your position is correct and you can file a labor complaint

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63435 | نسبة الرضا 98.2%

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