Questions & Answers
Employee's availing of annual leave after exhausting the paid sick leave
Hi,
I represent a company and would like to seek clarity for the following scenario:
If an employee has exhausted his paid sick leaves of 15 days and is still not able to join work back due to his persisting illness, can the employee opt to avail his annual leaves instead thereafter of avoiding the 50% pay cut due to the availing of 30 days sick leave provision available to an employee?
Kindly advise as it would be of great help, please!
Many Thanks,
Dear questioner,
1. During the probationary period, the employee is not entitled to any paid sick leave.
2. If the employee spends over three months after completion of the probationary period, in the continuous service of an employer, and falls sick during this period, he becomes entitled to sick leave, not more than 90 days either continuous or intermittent per each year or service, computed as follows:
a) The first fifteen days with full pay;
b) The next thirty days, with half pay;
c) The subsequent period, without pay.
Moreover, the employer may terminate the services of the employee who fails to resume his duties at the end of such leave as stipulated in Article (82), (83), and (84) hereof, and in such case, the employee shall be entitled to his gratuity in accordance with the provisions of this Law.
Regarding the usage of the annual leave, the annual leave period is deemed to include such holidays as prescribed by law or as agreed to, and any other periods of sickness that occurred during this leave are considered as part thereof.
