UAE's new labour law come comes into effect on February 2, 2022. While the law does not cater to work-from-home systems as several UAE companies are shifting to the work-from-home model due to rising COVID-19 cases, it provides flexibility to both employers and employees to make internal arrangements.

Speaking with the media, Bahriddini Sultan from ADG Legal, provides necessary information related to sick leaves for COVID-19 patients and close contacts, including those on probation.

What happens when employees test positive for COVID-19? Are their leaves considered as part of their sick leave balance?

Under the new Federal Decree Law No. (33) of 2021 on the regulation of labour relations (the “New Labour Law”), those employees who have completed their probationary period are eligible for sick leaves. However, such leaves cannot exceed 90 days a year.

As per the Article 31(3) of the New Labour Law, during this 90-day leave period, employees have the benefit of full salary for the first 15 days and half salary for the next 30 days. After 45 days of sick leaves during the same year, the employee is not entitled to further compensation from the employer for the remaining sick leaves taken during the year.

How many days of leave COVID-19 patients can avail?

Dubai authorities have mandated all citizens and residents of the emirate to isolate for at least 10 days if they contract COVID-19. An employee (who has completed his/her probationary period) is entitled to claim these 10 days or more as part of their sick leave entitlement.

What happens when employees with no sick leave balance contract COVID-19?

In case, an employee has used their sick leave entitlement during that year, the employer can deduct additional days from other statutory leaves like annual leave.

How about sick leaves can public sector employees avail?

The new law caters to both private sector and federal government employees. As per the law, all employees are entitled to a 90-day sick leave for every year of service. There is no single legislative instrument for public sector employees federally. However, each Emirate has its own legislation for public sector employees.

What if an employee on probation catches COVID-19 and their contract allows no paid leaves during probation?

According to Article 31(2) of the new law, those employees who have not completed their probationary period are not entitled to sick leaves. However, the employer can grant such employees an unpaid sick leave.

What should be done if employees come in close contact with a positive COVID-19 case? Do they avail sick leave?

Any close contact must inform the employer, get tested, and work from home (depending on the nature of employment and approval from the employer), until the results of the test are generated. If the test confirms positive, the employee can continue to work from home after receiving approval from the employer. It will depend on the nature of work, severity of illness among other factors.

What if a former Covid-19 case comes into contact with someone infected? Are they still eligible for sick leaves?

Yes, the same rule will apply.

COVID-19 patients, particularly those with mild symptoms and asymptomatic continue their work from home despite their diagnosis. What does the law say in such cases?

In this regard, the New Labour Law is silent, providing flexibility to each Emirate and employers to decide the work from home model internally.

Are there any provisions in the labour law as of now governing working from home?

It is important to note that the work from home system was never a statutory right under the old labour law nor it is a statutory right under the New Labour Law. The work from home system was introduced a ministerial decision of the Ministry of Human Resources and Emiratisation in view of the COVID-19 pandemic situation in the country. As of now, every employer and employee is defining their work from home policies across the nature of work and organization.

Will any of the current provisions apply differently for COVID-19 leaves after the new labour law comes into effect on Feb 2?

Mr Sultan explained a few changes:

Under the old law, employees were mandated to report any illness to their employers within two days. Furthermore, employers were obligated to conduct a medical examination of such employees. However, under the New Labour Law, employees get three days to report an illness. The law also eases the obligation on employers to facilitate a medical examination, while making it the employee’s responsibility to provide a medical report.

In another instance, some changes have been made to the rules in case illness is caused by an employee’s own misconduct. Under the old law, the statute provided only two categories of misconduct - use of alcohol and narcotic substances. However, the New Labour Law significantly expands the horizon with several activities falling under the scope of misconduct.