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On sick leave. Can my school make me resign? What are my rights if they do?

Hi,

I’m a teacher in Dubai and have been given a medical note for sick leave due to mental health. I am currently still in the UK because I found boarding the plane extremely overwhelming in my state, so my sick note was issued by UK doctors. Do I need a Dubai sick note too?

My school has given me the option to resign, but I don’t want to do this as I plan to return to work after receiving therapy and medication. What are my rights?

I have worked at the school for a year and have a total of three years of teaching experience in Dubai. This is the first time I have ever needed medical sick leave in my entire 10-year career.

I know that labor law states I am entitled to 90 days of sick leave, and I don't think my school can dismiss me. However, if they do, will I be entitled to any pay or gratuity?

Thanks!

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
28 Aug 2024, 14:19

Dear Questioner,

If you have completed one full year at that school, you are entitled to receive an end-of-service gratuity, regardless of any other conditions.

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
28 Aug 2024, 14:23

Hi,

Thank you for reaching out and sharing your situation with me. Mental health is a serious matter, and it's important that you're taking steps to address it.

Regarding your sick leave, under UAE Labour Law, employees are indeed entitled to 90 days of sick leave per year.

This can be broken down into 15 days at full pay, 30 days at half pay, and 45 days without pay.

Since your sick note is issued by UK doctors, it's essential that it is attested by the UAE embassy or consulate in the UK.

Once you return to Dubai, you may need to have it endorsed by a Dubai Health Authority (DHA)-recognized medical practitioner for official recognition.

Your school cannot legally terminate your employment during the period of your certified sick leave unless the sick leave exceeds 90 days.

If they do terminate your employment, you would be entitled to your end-of-service gratuity, which depends on the length of your service and the specifics of your contract.

Given the complexities involved, including the potential risks to your employment and rights, I would recommend discussing this further to ensure all your bases are covered and to develop a strategy moving forward.

Please feel free to reach out to me on WhatsApp or phone at [--------] so we can go over the details and plan the best course of action for your situation.

Best regards,

Suhail Rana

متميز
فاطمة المهيري للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
28 Aug 2024, 16:52

Yes, you need a Dubai sick note too. In case you resign or the school terminates you, you will be entitled to all of your benefits.

متميز
محمد بخيت للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
28 Aug 2024, 17:57

You must submit a complaint to the Ministry of Human Resources and Emiratisation.

 

متميز
علوي الجابري للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
29 Aug 2024, 04:09

Yes, you can have gratuity as per UAE law.

But you have to serve the notice period or request the school to provide you with the end-of-service benefits as per your health condition.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
29 Aug 2024, 05:53

Dear questioner,

Yes, you will still receive the gratuity if you have worked for your current employer for at least one year.

29 Aug 2024, 05:53

If you would like to discuss further, kindly drop your WhatsApp number.

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