Legal Forum: Law Mandates 15 Days Sick Leave for Regular Employees
LEGAL QUESTION 1: I am a sales staff based in Abu Dhabi. Last July 21, 2015, I got ill, hence, I was not able to report for work.
When I got better the next day, I reported for work with a medical certificate. The management told me I should compensate that sick leave with another full-duty, otherwise, my salary will be cut by one day.
I am only entitled to three days off every month. Please enlighten me on the rules about sick leave. Thank you.
ANSWER: Being qualified for sick leave depends on how long you have stayed with the company. An employee under probationary period is not entitled to receive pay when absence is due to sickness.
This is provided under Article 83 (1) of the Labor Code, to wit: “During the probationary period, the employee is not entitled to any paid sick leave.”
However, when an employee is already with the company for over three months following his probationary period, he will be entitled to full pay in accordance with Article 83 (2) of the Labor Code, to wit: “If the employee spends over three months after completion of the probationary period, in the continuous service of employer, and falls sick during this period, he becomes entitled to a sick leave not more than 90 days either continuous or intermittent per each year of service, computed as follows:
- The first fifteen days with full pay.
b. The next thirty days, with half pay.
c. The subsequent period, without pay.
If you are entitled to sick leave, you should not be given any deductions from your salary. On the other hand, if you are not entitled to sick leave, your employer has the right to deduct the corresponding pay even if you have presented a medical certificate.
However, if your absence is to be offset by working on your rest day, your employer must compensate you an additional 50% of your wage pursuant to Article 70 of the Labor Code:
Article 70: Friday is the normal weekly holiday for all employees except for those on daily wage bases.
If the employee is required to work on a Friday, he shall be granted one day off for rest or be paid the basic pay for normal working hours plus 50% increase at least of such pay.
Legal Advice from Atty. Glacy Tabirara, specializes on employment laws and HR consultancy. She is a volunteer Filipino Lawyer at Gulf Law in Dubai and Manila, providing free legal aid at them Philippine Embassy and Consulate. She also handles tax assessments in the Philippines.