KHALEEJ TIMES, Monday, Jan 10, 2022 | Jamada Al-Aakhirah 7, 1443
Sick leaves, work-from-home during Covid-19; what the new law says
Emirates:
Diagnosed with Covid-19 or got in close contact with someone infected? It’s
important to know your legal rights in the workplace under the new labour law,
which will come into effect on February 2, 2022.
Although the law does not govern work-from-home systems as more companies across
UAE shift online amid the rise of cases, it gives the flexibility to both
employers and employees to arrange internally.
Bahriddini Sultan from ADG Legal answers all the questions related to sick
leaves for Covid-19 patients and people of close contact, 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 Labor Law”), employees who have completed their probationary
period are eligible for sick leaves and such sick leaves cannot exceed 90 days a
year. Article 31(3) of the New Labor Law stipulates that during the 90-day
period, the employee is entitled to a full pay for the first 15 days and half
pay for the next 30 days. If the employee had consumed 45 days of sick leaves
during that year, then he is not entitled to any further compensation from the
employer for the subsequent sick leaves taken during that year.
How many days of leave Covid-19 patients can avail?
It is mandated by the authorities for all citizens and residents of the Emirate
of Dubai to isolate for at least 10 days in the event they contract Covid-19.
Given that Covid-19 is an illness, an employee (who has completed his/her
probationary period) should be entitled to claim these 10 days or more
(depending on the severity of the symptoms) as part of his/her sick leave
entitlement.
What happens when employees with no sick leave balance contract Covid-19?
In the event the employee consumes his/her sick leave entitlement during that
year, the employer may deduct such additional days from other statutory leaves,
such as annual leave for instance.
How about public sector employees? How many days of sick leave can they avail?
The recent unified work regulations, to take effect from February 2, provided
that private sector and federal government employees are entitled to a 90-day
sick leave for every year of service. With regards to public sector employees,
there is no single legislative instrument to apply federally, as each Emirate
has its own legislation in this regard.
What if an employee on probation catches Covid-19 and their contract allows no
paid leaves during probation?
The New Labour Law is very clear in this regard. Article 31(2) provides that if
the employee did not complete his probationary period, then he/she is not
entitled to sick leaves. However, the employer may choose to grant such employee
an unpaid sick leave. That said, this will purely depend on the relationship
between the parties in question.
What is the right course of action to take when employees come into close
contact with a positive Covid-19 case? Do they avail a sick leave?
The first important action to be taken is to inform the employer of the
situation, get tested and work from home (if the nature of employment allows the
employee to work remotely) until the test result is received, otherwise, take
that day as a sick leave. Should the test result confirm that the employee in
fact contracted Covid-19, then the employee may agree with the employer to work
from home (if the nature of employment and employee’s health condition allows
that) until the employee recovers or claim the isolation period as sick leave.
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 as if contracted for the first time.
Covid-19 patients, especially those asymptomatic or with mild symptoms, continue
their work from home despite their diagnosis. How does the law apply in such
cases?
The New Labour Law is silent in this regard, thereby providing flexibility to
each Emirate and the employers in deciding the “work from home” system
internally.
What are some provisions in the labour law, currently in effect, that govern
working from home?
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 by a ministerial decision of the Ministry of Human
Resources and Emiratisation (“MOHRE”) during the public health crisis caused by
COVID-19. Currently, the “work from home” policy is dictated between each
employee and employer as they deem fit for the organization.
Will any of the current provisions apply differently for Covid-19 leaves after
the new labour law comes into effect on Feb 2?
There are a few changes. For instance, under the old law, the employee had only
two days to report his illness to the employee and the employer was under the
obligation to facilitate a medical examination of such employee, but the New
Labor Law provides the employee with three days to report an illness and lifts
the obligation from the employer to facilitate a medical examination. It is now
the employee’s responsibility to provide a medical report. Another example would
be employee’s illness resulting from his/her own misconduct. Under the old law,
there were only two categories of misconduct provided in the statute, namely use
of alcohol and narcotic substances. However, the New Labour Law potentially
broadens the range of activities that may fall within the scope of such
misconduct. We shall wait and observe what the government regulations will
define as misconduct for the purpose of sick leaves.