Tim Elliott
Welcome to Lawgical, the UAE’s first and only regular legal podcast. My name is Tim Elliott. I’m with the managing partner of the Dubai-based legal firm, Yamalova & Plewka, Ludmila Yamalova. Welcome, Ludmila.
Ludmila Yamalova
Good to be here with you, Tim, as always.
Tim Elliott
This episode of Lawgical is a light one and a bit shorter. It’s all about everything you need to know about sick leave in the UAE. We haven’t talked about sick leave and your rights if you get ill at work for a while. As far as I can tell, not much has changed regarding the rights and protections for sick leave, which are enshrined in law. The main change, at least to me, seems to be that it’s now in line with Article 31 of the new employment law, Federal Decree-Law No. 33 of 2021.
Ludmila Yamalova
Well done, Tim. Almost sounded like you knew what you were talking about!
Tim Elliott
It was close! I did read it off a piece of paper, though. But that’s really the case, isn’t it? Not much has changed, but it’s now brought in accordance with the new employment law.
Ludmila Yamalova
Correct. As per the new employment law—Federal Decree-Law No. 33 of 2021—there are provisions for sick leave in the private sector. It’s important to note that this law applies specifically to private-sector employees. There are separate laws for government sector employees, covered under the HR Law, and for domestic workers.
For private-sector employees, the law clearly provides for sick leave, specifying entitlements, durations, and compensation rates. This means sick leave does not need to be mentioned in your employment contract because it is a legally mandated benefit.
Tim Elliott
So even if sick leave isn’t mentioned in your employment contract, employees still have a legal right to it?
Ludmila Yamalova
Exactly. The law sets the minimum standard for sick leave entitlements, and employers cannot reduce these rights through the contract. However, they can provide more generous provisions if they wish. The key point is that employers cannot take away or reduce the minimum rights outlined in the law.
Tim Elliott
Employment contracts are kept on file with the Ministry of Human Resources and Emiratisation (MOHRE), right?
Ludmila Yamalova
That depends on where you work. If you are employed on the mainland, yes, MOHRE oversees your employment contract. However, if you work in a free zone, your employment contract is governed by the free zone authority. For example, TECOM, Dubai Development Authority (DDA), or DMCC oversee their respective free zones.
Regardless of the governing authority, the provisions for sick leave under Federal Decree-Law No. 33 of 2021 apply universally to all private-sector employees.
Tim Elliott
Let’s break it down. What are the specifics of sick leave entitlements?
Ludmila Yamalova
Under the law, employees are entitled to sick leave after completing their probation period.
- During probation: Sick leave is unpaid.
- After probation: Employees are entitled to a maximum of 90 days of sick leave per year. These can be taken consecutively or intermittently.
The 90 days are divided as follows:
- First 15 days: Full pay (100%).
- Next 30 days: Half pay (50%).
- Remaining 45 days: Unpaid.
If an employee exceeds 90 days of sick leave in a year and is still unable to return to work, the employer has the right to terminate their employment. This must be done in accordance with the law, ensuring the employee receives all their end-of-service benefits and other entitlements.
Tim Elliott
You mentioned probation periods. What’s the maximum duration for probation in the UAE?
Ludmila Yamalova
The maximum probation period under the law is six months. However, probation is not mandatory, and employers can choose to hire employees as full-time from day one.
Tim Elliott
Can you clarify how unpaid sick leave affects end-of-service benefits?
Ludmila Yamalova
Good question. Any unpaid leave, including the 45 unpaid sick days, is excluded when calculating end-of-service benefits. For example, if an employee works for a year and a half but takes 45 days of unpaid sick leave, those 45 days will be deducted from the total service period for calculating gratuity.
This rule applies to any unpaid leave, including additional maternity leave or unpaid holidays.
Tim Elliott
Is sick leave calculated as working days or consecutive days?
Ludmila Yamalova
Sick leave is calculated as consecutive calendar days.
Tim Elliott
So, to summarize: private-sector employees are entitled to 90 days of sick leave per year—15 days at full pay, 30 days at half pay, and 45 days unpaid. And this is enshrined in law, regardless of whether it’s stated in your contract.
Ludmila Yamalova
Exactly. Article 31 of Federal Decree-Law No. 33 of 2021 sets these entitlements as the legal minimum. Employers can offer more generous benefits, but they cannot offer less.
Tim Elliott
That’s sick leave in the UAE for private-sector employees. Another edition of Lawgical, light and informative. As always, thanks to our legal expert, managing partner here at Yamalova & Plewka, Ludmila Yamalova.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
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