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Should holidays or weekends be counted as part of sick leave?

Hi,

Is there an article related to sick leave during holidays or weekends?

Should holidays or weekends be counted as part of sick leave?

Thank you in advance!

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
20 Nov 2024, 10:43

Welcome,

In the UAE, sick leave policies are primarily governed by Federal Decree-Law No. 33 of 2021 (UAE Labor Law).

Regarding your question, if an employee falls sick during a weekend or holiday, it is generally not counted as part of the sick leave.

Sick leave typically applies to working days, and weekends or public holidays are considered outside the scope of the leave unless the employer specifically requires the employee to work on those days.

However, it's advisable to check the employment contract or company policies as some organizations may have specific rules about this.

If you need further guidance or legal assistance, feel free to contact us for a consultation.

20 Nov 2024, 10:50

Hi Mr. Ahmed,

Thank you for your answer!

Her sick leave, as per the medical certificate, is from November 12 to 25; however, she insists that her weekend, November 17–18, should not be included in the sick leave.

Please advise!

20 Nov 2024, 10:55

You are welcome!

According to UAE law, if the employee's sick leave is specified by the medical certificate (from November 12 to 25), all days of sick leave, including weekends, should be counted.

Sick leave is typically calculated based on official working days, and weekends or public holidays are not excluded unless there is a specific agreement or internal company policy stating otherwise.

Therefore, if the medical certificate covers the period from November 12 to 25, the weekend should be included as part of her sick leave unless there are other policies that exclude those days.

If you need further clarification or additional legal assistance, feel free to contact us to schedule a legal consultation.

20 Nov 2024, 10:56

If you need further guidance or legal assistance, feel free to contact us for a consultation.

20 Nov 2024, 10:59

Very helpful indeed.

Thank you, Mr. Ahmed!

20 Nov 2024, 11:01

You are most welcome!

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
20 Nov 2024, 11:25

Hello,

Employees are entitled to sick leave of up to 90 days per year under the UAE Labour Law. During the first 15 days of sick leave, the employee is entitled to full pay.

For the next 30 days, the employee receives half pay, and for the remaining 45 days, the employee is entitled to unpaid leave.

If the employee is on sick leave and a public holiday falls during that time, the public holiday is not counted as part of the sick leave.

It is usually treated as a separate holiday, and the employee would not lose sick leave days for that holiday.

For further assistance, kindly share your WhatsApp number.

20 Nov 2024, 11:29

Hi Mr. Khaled,

Thank you for the clarification!

Her sick leave, as per the medical certificate, is from November 12 to 25. Will these days be included in the sick leave?

20 Nov 2024, 11:33

Kindly share your WhatsApp number for a detailed discussion.

متميز
علي إبراهيم للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
20 Nov 2024, 16:41

Dear Questioner,

In accordance with the New UAE Labor Law and the Recent Amendments of 2024:

- Leaves:

Employees are entitled to a minimum of one day of rest per week, in addition to all national holidays announced by the government.

- Annual Leave:

Employees are entitled to a paid annual leave of no less than thirty days for each year of service, or two days per month after completing six months until one year.

- Sick Leave:

Employees who have completed six months of service are eligible for a maximum of ninety days of sick leave, either consecutive or non-consecutive. The first fifteen days are fully paid, the next thirty days are paid at half salary, and the last forty-five days are unpaid.

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
21 Nov 2024, 08:30

Whether holidays or weekends count as part of an employee’s sick leave depends largely on individual company policies and local laws governing employment practices.

Employees are advised to understand these details clearly to manage their time off effectively.

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