Medical leave I have been working on an unlimited contract at a hospital in Abu Dhabi for almost two years now. Recently I had an medical emergency for which I had to be away from duty for about two hours. I informed my absence to the management upon resumption of my duties same day, but I was surprised to receive my salary with deduction of half a day’s salary for the same without prior communication. I have enough leave available but did not think of applying as it was just a matter of being away for an hour or so. I would like to know if it’s legal to deduct anybody’s salary without prior communication. Also, I would like to know to which authorities I should complain. The place where I work is a government body with no labour cards or contracts. It is assumed that you are employed by the Federal Government of the UAE; hence Federal Law Decree No. 11 of 2008 regarding Human Resources in Federal Government shall be applicable. Article 51 (1) of the aforesaid law states: “A sick leave will be permitted under an approved medical report from an official medical authority for a period of no more than five working days at a stretch every time and with a maximum 15 working days in a year and in case the period of sickness exceeds, then the permission of such leave shall be under a medical report issued by the medical committee.” It appears that your medical emergency is not supported by an approved medical report issued by the official medical authority. Therefore you are unable to seek any relief in accordance with the aforesaid article. Further, Article 83 © of Federal Law Decree No. 11 of 2008 regarding Human Resources in Federal Government states: “The penalties of violations which may be imposed upon the employee shall as per the following: Deduction from basic salary of no more than pay for 10 days for each violation and no more than 60 days per annum.” Should you not be satisfied with the decision of your employer you may approach the complaints committee of the ministry you work with as per Article 97 of Federal Law Decree No. 11 of 2008 regarding Human Resources in Federal Government which states: “The employee may apply to the Complaints Committee a written complaint against administrative penalties imposed by the violations committee against him, the decisions of the Committee shall be final in connection with complaints filed to regarding penalties of written notice and drawing of attention.”
Posted on: Tue, 30 Jul 2013 11:14:15 +0000
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