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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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During unpaid period in this pandemic situation,...

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During unpaid period in this pandemic situation, can someone who got sick claims for paid sick leave from the company? Since for every year, we are entiltled for 15days full pay etc. in UAE... can company pay the staff on unapid status leave?

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like you to know that if your inquiry is related to having fever, and your manager or employer has not contacted you, here is the following information:
The UAE Labor Law has granted the employee the right to obtain a sick leave, provided that it is from a government doctor or a doctor chosen by the employer in order to give you that leave.
The duration of that leave is ninety days whether separate or connected during the year.
The employer must pay you your salary as follows:
• The first 15 days: with full pay.
• The next 30 days: with half pay.
• Any subsequent periods: without pay.
We also point out that there is no provision in the Labor Law to convert unpaid leave into sick leave
Here is the text of the UAE Labor Law regarding your inquiry:
Article 83
1 worker shall not be entitled to any paid sick leave during the probationary period.
2. A worker who contracts illness after completing three months, following the probationary period, in the continuous service of an employer shall be entitled to a sick leave not exceeding 90 days, successive or otherwise, in respect of each year of service, to be calculated as follows.
• The first 15 days: with full pay.
• The next 30 days: with half pay.
• Any subsequent periods: without pay.
Article 84
No wage shall be payable for sick leave if the illness is the direct result of the worker's misconduct (such as consumption of alcohol or narcotic drugs).
Article 85
An employer may terminate the services of a worker who fails to report back to work after exhausting all sick leaves provided for in Articles 82, 83 and 84 hereof. In this case the worker shall be entitled to severance pay as stipulated in this Law.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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