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