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How is paid sick leave calculated for an employee who resigns after one and a half years?

Hello,

How many days of paid sick leave is an employee eligible for in the following case?

The employee resigned after 1 year and 6 months of service and has already availed the paid sick leave for the first year.

How many days of paid sick leave are available for the last 6 months?

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
11 Feb 2025, 06:30

Since the employee has already used their sick leave for the first year, they are still entitled to the full 90 days of sick leave for the second year.

The fact that they used their sick leave during the first year doesn't reset their entitlement. The 90-day entitlement is renewed annually.

As they are resigning after six months of the second year, their entitlement for this period would be: Full pay: 15 days, half pay: 30 days, Unpaid: Up to 45 days (if needed).

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
11 Feb 2025, 06:35

Hello,

After the end of the probationary period, the worker may be entitled to a sick leave of not more than (90) ninety continuous or intermittent days per year, provided that it is calculated as follows, first (15) fifteen days with full pay; following (30) thirty days with half pay and following period unpaid.

For the last six months (half a year), the employee is entitled to 45 days of sick leave: 7.5 days at full pay (15 days per year, prorated for six months), 15 days at half pay (30 days per year, prorated for six months), and 22.5 days unpaid (45 days per year, prorated for six months).

متميز
رؤية المستقبل للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
11 Feb 2025, 06:50

Dear Inquirer,

An employee in the UAE is entitled to 90 days of sick leave per year, with the first 15 days fully paid, the next 30 days at half pay, and the remaining unpaid.

Since the employee has already used their paid sick leave for the first year, their entitlement for the last 6 months would be calculated on a pro-rata basis.

The exact number of paid sick leave days depends on various factors, including company policies and UAE Labour Law interpretations.

For a detailed assessment of your case, book a consultation with us today!

Best regards,

متميز
دار الحقوق للاستشارات القانونية
دردشة توظيف
اجتماع
11 Feb 2025, 07:12

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

According to UAE Labour Law, an employee who has worked for 1 year and 6 months, having already used their sick leave for the first year, is eligible for prorated sick leave for the remaining 6 months.

The calculation is based on the annual entitlement of 90 days, divided proportionally. For the last 6 months of service, the employee is entitled to:

- 8 days of sick leave with full pay (15 days ÷ 2, rounded up)

- 15 days of sick leave with half pay (30 days ÷ 2)

This assumes the employee has completed their probationary period. The employer should ensure compliance with these regulations when processing the employee's final settlement.

You can contact us via WhatsApp for further clarification or additional support. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.

Thank you!

ABDUL WAHIED

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