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Ask Atty. Barney: Resigning in UAE Due to Illness: Do I have the right to cash out my unused sick leave?

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Resignation due to Illness

Atty. Barney, I am an OFW here in Dubai. Recently, I got sick and now I am on my 15th day sick leave. Per advice of my attending physician, I need to rest to gain back my health. In our company a total of 45 days is actually paid as sick leave. With this on my mind, I am thinking of not rendering my resignation until the exhaustion of the 45-day sick leave. I would want to file resignation as early as possible so I can spend some time in the Philippines to fully recover. Is there anything I can do to still claim my unused sick leave or do I really need to exhaust the 45 days? – Alfred

Resignation due to Illness
Resignation due to Illness

If you need to resign due to illness, you may do so and still be entitled to receive your wage for the remainder of your 45 days sick leave. According to Article 86 of the UAE Labour Law, if the laborer resigns his job, by reason of his illness, before the lapse of the first 45 days of his sick leave and the government medical officer or the medical practitioner designated by the employer accepts the cause of resignation, the employer shall pay the resigned laborer the wage due against the remainder of the first 45days. In your case, you are entitled to receive half of your wage for the remaining 30 days of your sick leave.

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Ask Atty. Barney: Resigning in UAE Due to Illness: Do I have the right to cash out my unused sick leave?

Ask Atty. Barney

Resignation due to Illness

Atty. Barney, I am an OFW here in Dubai. Recently, I got sick and now I am on my 15th day sick leave. Per advice of my attending physician, I need to rest to gain back my health. In our company a total of 45 days is actually paid as sick leave. With this on my mind, I am thinking of not rendering my resignation until the exhaustion of the 45-day sick leave. I would want to file resignation as early as possible so I can spend some time in the Philippines to fully recover. Is there anything I can do to still claim my unused sick leave or do I really need to exhaust the 45 days? – Alfred

Resignation due to Illness
Resignation due to Illness

If you need to resign due to illness, you may do so and still be entitled to receive your wage for the remainder of your 45 days sick leave. According to Article 86 of the UAE Labour Law, if the laborer resigns his job, by reason of his illness, before the lapse of the first 45 days of his sick leave and the government medical officer or the medical practitioner designated by the employer accepts the cause of resignation, the employer shall pay the resigned laborer the wage due against the remainder of the first 45days. In your case, you are entitled to receive half of your wage for the remaining 30 days of your sick leave.