Questions & Answers
Terminating an employee due to taking a leave without approval
My leave got rejected, but I am still on my leave starting December 15 to 22, 2019. The HR sent me an email containing termination notice for being absent for 7 consecutive days.
Can they do that?
Hello,
According to Article 82 of the UAE Labour Law, the employee must notify the employer about his sickness within a maximum of two days.
The employer has the right to put the employee under a medical examination in order to verify the illness and the authenticity of the employee’s leave.
The employer is entitled to request the employee to present a medical report, which justifies the employee’s absence and the calculation of the entitlement of the pay.
An employer may not dismiss an employee or give him a termination notice while the employee is on sick leave.
It is assumed that you have simply gone on annual leave for the period of 15-22 December 2019. As provided under the labor code, the employer may fix the date or time of the employee's annual leave.
In your case, your employer rejected your leave application. However, despite the employer's rejection, you have continued your leave of absence. Thus, your leave of absence tantamount to ABSENCE WITHOUT OFFICIAL LEAVE (AWOL).
As a result thereof and subject to your reasons, the employer may terminate your employment.
