When Employer Can Dismiss/Terminate Sickness Workers

Employer can only dismiss worker with sicknesses
In the situations/causes stated below:
- If he has not passed probation period … article (37);


- If medical tests proved that his disease has been resulted from his misbehavior, e.g. taking drugs or being alcoholics;


- If he used his all sick leave in full, which is (90) days per year of service, and there is no positive result that he can be healed, in this case worker shall receive his benefits as per provisions of the law …article (85) and will be dismissed;


- If the worker resigned from the service due to the disease complaining before the end of the first (45) days from the sick leave and the governmental doctor, or the doctor whom is assigned by the employer agreed on the reason of the resignation, in this case , the employer shall settle the remaining pay from (45) days … Article (86);


- If the worker worked during his sick leave with another employer, article (88), in this case, he will be deprived from getting his pay for the period of his sick leave;


- If the worker committed one of the contraventions provided for in the article (120).


- Note: the above reason are the general and mostly used reasons in terminating/dismissing worker with a serious sickness, however, for every rules and policy there are some consideration and exemption that we cannot able to explain unless we speak with worker.
Reference & Sources: UAE Law and Mena Business Service

Workers Sick Leave Entitlement

The Workers who are not entitled to a paid sick leave:

As written in article (83/1) from labor law, worker who are not entitled to a paid sick leave are as follows:

• Workers who are still under probation period.
• Workers who passed successfully the probation period but their period of service.
• After end of probation period does not exceed three months.
• Workers who are appointed with no probation period system.

The Workers will be entitled for a paid sick leave if his disease resulted while performing his duties and responsibility. However, if the result proves that the disease comes from the worker misbehavior, the situation will be inter-changed.

If an evidenced provided by/ or with medical tests conducted on the worker that the disease has been resulted from his misbehavior, such as taking drugs or alcoholics, he shall not be entitled to a pay for his sick leave … As per UAE Labor Law, article (84).

Reference and Source: Mena Business Services

Pay During Sick Leave

The maximum period for the sick leaves, where workers will be entitled to receive pay against absence due to sickness are:
The maximum period for the sick leave in respect of the non- professional is (90) days for
every year from years of service of the worker, and his pay is calculated as follows:

• First fifteen days with full pay
• The following thirty days with half pay
• The following period without pay ... article (83)

Reference: Mena Business Services & Ministry of Labour

Fact Sheet #14: Coverage Under the FLSA

Basic understanding on the FLSA Fact Sheet#14

The FLSA is a Federal law procedure that is responsible in setting minimum wage, overtime, recordkeeping, and youth employment standards.

The minimum wage for covered nonexempt workers is not less than $7.25 per hour as of July 24, 2009. There are some exceptions regarding overtime ("time and one-half") must be paid for work over forty hours a week. However, Child labor regulations prohibit younger person that is less than eighteen years old from working in certain jobs and addedd sets rules concerning the hours and times for employees apply below sixteen years old.

There are more than 130 million American workers which are protected (or "covered") by the FLSA, that is enforced by the Wage and Hour Division of the U.S. Department of Labor.

There are two ways in which an employee can be covered by this law:

Enterprise Coverage

Employees who work for certain businesses or organizations (or "enterprises") are covered by the FLSA. These enterprises, which must have at least two employees, are:

(1) those that have an annual dollar volume of sales or business done of at least $500,000

(2) hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies

Individual Coverage

Even when there is no enterprise coverage, employees are protected by the FLSA if their work regularly involves them in commerce between States ("interstate commerce"). The FLSA covers individual workers who are "engaged in commerce or in the production of goods for commerce."

Examples of employees who are involved in interstate commerce include those who: produce goods (such as a worker assembling components in a factory or a secretary typing letters in an office) that will be sent out of state, regularly make telephone calls to persons located in other States, handle records of interstate transactions...

Also, domestic service workers (such as housekeepers, full-time babysitters, and cooks) are normally covered by the law.

Source: dol. gov/whd/regs/compliance/whdfs14.htm

Fair Labor Standards Act (FLSA)

Today, and in the coming days i will try to provide updated information regarding Employment Laws for Labor/Manpower in USA. Below is the overview of (FLSA) or the Fair Labor Standard of Ministry of Labour in USA.

Fair Labor Standards Act (FLSA) is administered by the Wage and Hour Division (WHD). The Act establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. These standards affect more than 130 million workers, both full time and part time, in the private and public sectors.

The Act applies to enterprises with employees who engage in interstate commerce, produce goods for interstate commerce, or handle, sell, or work on goods or materials that have been moved in or produced for interstate commerce. For most firms, a test of not less than $500,000 in annual dollar volume of business applies (i.e., the Act does not cover enterprises with less than this amount of business).

However, the Act does cover the following regardless of their dollar volume of business: hospitals; institutions primarily engaged in the care of the sick, aged, mentally ill, or disabled who reside on the premises; schools for children who are mentally or physically disabled or gifted; preschools, elementary and secondary schools, and institutions of higher education; and federal, state, and local government agencies.

Employees of firms that do not meet the $500,000 annual dollar volume test may be covered in any workweek when they are individually engaged in interstate commerce, the production of goods for interstate commerce, or an activity that is closely related and directly essential to the production of such goods.

In addition, the Act covers domestic service workers, such as day workers, housekeepers, chauffeurs, cooks, or full time babysitters, if they receive at least $1,700 in 2009 in cash wages from one employer in a calendar year, or if they work a total of more than eight hours a week for one or more employers. (This calendar year threshold is adjusted by the Social Security Administration each year.) For additional coverage information, see the Wage and Hour Division Fact Sheet #14: Coverage Under the FLSA.

The Act exempts some employees from its overtime pay and minimum wage provisions, and it also exempts certain employees from the overtime pay provisions only. Because the exemptions are narrowly defined, employers should check the exact terms and conditions for each by contacting their local Wage and Hour Division office.

Source: dol. gov/compliance/guide/minwage.htm

Sick Leave

As per UAE Law, Employee should notify his employer/sponsor of his sickness which is not resulted from his job or injury in the work? The worker is required to notify employer/sponsor within 24 hours from the time his sickness started in any mode of notification, it could be by phone, or sms or email or by mail. Once the worker notified his employer/sponsor, the employer should put into a medical examination the particular worker to verify the status and strength of his illness.


If this happen, employer should immediately approved the sick leave as soon as possible, if not he will be exposed to penalty, with the UAE Law and Ministry of Labor.

Reading Sources: Mena Business Service and UAE Labor Laws/Ministry of Labour and Immigration