Sick depart is allowed to a employee for a interval of 90 consecutive or non-consecutive days for each service 12 months. Out of which the primary 15 days of the depart is depart with full pay, the subsequent 30 days is depart with half pay and the remainder of the times are unpaid leaves. That is in accordance with the federal regulation no. 8 of 1980 regarding the regulation of labor relations.
Each firm/group/establishment in UAE requires its workers to offer for a medical certificates for the grant of the sick leaves particularly when the sick depart granted is a paid depart or is for a interval greater than sooner or later. With out such a certificates the depart taken is unpaid depart and unauthorized depart and therefore it negatively impacts the fame and efficiency information of the stated worker.
The supply of sick depart is enumerated within the labor regulation for the aid of the workers affected by some sickness and isn’t supplied in order that it may be used to get depart if you burn up all of your annual paid leaves which are accessible by regulation however it has typically been misused by the workers to take pleasure in paid depart for a couple of days. Due to this fact the federal government of Dubai has supplied for sure rules for the personal healthcare amenities as to the grant of sick leaves via the Executing Regulation of Administrative Order No. 317 of 2006 regarding authentication of Sick Depart Certificates issued by the Non-public Healthcare Facility (hereinafter known as ‘the regulation’).
The primary query to be decided as to those depart certificates is who can grant them in Dubai? The regulation offers that solely the physicians/dentists who possess the required license by the Dubai Well being Authority to apply the medication occupation can grant sick depart certificates (SLC). The variety of days for licensed depart can also be regulated by the regulation. A Common Practitioner, Registrar of a Dentist can grant a most interval of three days as sick depart. A specialist or Marketing consultant might grant sick leaves as much as a most interval of 14 days. In occasion the sickness of the affected person requires for a depart for a interval longer than 14 days, the identical is to be talked about in short medical report and submitted to the Well being Regulation Division for the approval of such extra depart. The utmost interval of sick depart can’t exceed a interval of three months as the utmost depart for illness allowed by the labour regulation is for a interval of 90 days.
The Well being Regulation Division whereas approving the grant of depart for greater than 14 days is obligated by the next duties:
1. To observe up the authentication utility of SLC that exceeds 14 days. Acceptance or modification of any utility is to be as per medical requirements (after consulting DHA advisor). Ought to there be any modification; medical justifications for a similar is to be connected. The appliance is to be authorised by Licensing and Specification Director earlier than informing the related individual.
2. To observe up and audit the sick certificates issued by the personal healthcare sector, and problem periodical statistical experiences on this regard.
3. To derive periodic indicators to determine the events that points the most important proportion of SLC, with the intention to make sure the seriousness/rightfulness of those certificates. If it transpires {that a} SLC was issued with out rightful justification, the foundations of DHA Regulation of Medical Violations and Monetary Fines shall apply.
The professionals into Complimentary or Various Drugs (CAM) aren’t allowed to grant SLC except they possess a medical diploma i.e. Medical Physician in Ayurveda (M.D.Ay.), Medical Physician of Homeopathy (M.D.H.) can problem sick leaves for his or her sufferers for a most interval of three days. Impartial CAM amenities with CAM practitioner e.g. Ayurveda Practitioner (Ay.P.), Homeopathic Practitioner (H.P.) can’t problem sick depart for his or her affected person, accordingly such amenities do not need entry to the digital sick depart system.
For an expert of the Dubai personal sector licensed by the DHA to problem a SLC for the authorised variety of days as mentioned above, the next circumstances have to be glad:
1. The SLC is to be authenticated by the Licensing and Specification Division.
2. Such authentication is to be achieved electronically (on-line) and never manually via private attendance of the DHA.
3. SLC issued retroactively could also be authenticated if issued just for sooner or later, at most, earlier than the applying date.
4. No authentication of SLC could be achieved for facility or doctor/dentist whose licenses, on the date of utility, aren’t renewed for greater than 6 months.
5. Sick depart certificates issued by skilled who license is briefly suspended can’t be authenticated.
6. Sick depart certificates issued to the escort/accompanying of a affected person for remedy is just not thought-about as SLC (e.g. mom accompanying her son for hospital admission).
7. SLC could be issued and authenticated by healthcare facility though the transactions are suspended for any cause, supplied facility license is just not briefly suspended.
8. SLC to be granted by professionals could be granted solely the healthcare facility at which the stated skilled is licensed to apply or at a healthcare facility at which such skilled is permitted to briefly apply by the Well being Regulation Division.
The above listed rules are to be strictly adhered to by the professionals and the healthcare amenities whereas granting SLC because the violations of the rules are met with hefty fines. The fines supplied for the non-compliance of the rules with respect to the SLC is supplied within the Decree of the Government Council No. (32) of 2012 Regarding The Regulation of Working towards Well being Professions within the Emirate of Dubai (hereinafter known as ‘the decree’). The decree offers for a high quality of AED 5000 for the next:
1. Prescribing sick-leave not associated to the skilled’s license.
2. Sick-leave prescription by unauthorized folks or administrative workers within the facility.
3. Prescribing cast sick-leave or with out medical justification.
4. Prescribing sick-leave for a interval longer than the permitted for the skilled.
5. Failure to problem digital sick-leaves.
The decree additionally offers for the duplication of fines if the offences are repeated inside a interval of 1 12 months with a most restrict of duplicated fines 100 thousand dirhams (AED 100,000) for professionals and 200 thousand dirhams (AED 200,000) for amenities.
Other than fines, the decree additionally offers for a payment of AED 60 to the affected person for availing an digital SLC. This payment is comparable for all however the kind of sickness or the variety of days of depart the individual is availing.
These provisions of the regulation and the decree are solely relevant in Dubai. Inside Dubai, the provisions of the decree apply to all non-governmental well being amenities and their professionals within the Emirate and the free zones together with Dubai Worldwide Monetary Heart and personal improvement areas. The one exclusion accessible are the well being amenities situated within the Dubai Healthcare Metropolis which is ruled by the regulation no. 9 of 2011.
Originally posted 2023-10-01 21:47:05.