Executive Council Resolution No. (34) of 2024
Amending Law No. (8) of 2018
Concerning Management of the
Government of Dubai Human Resources[1]
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We, Hamdan bin Mohammed bin Rashid
Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,
After perusal of:
Federal Law No. (7) of 1999 Issuing
the Pensions and Social Security Law and its amendments;
Federal Law by Decree No. (57) of
2023 Concerning Pensions and Social Security;
Law No. (8) of 2018 Concerning
Management of the Government of Dubai Human Resources; and
Law No. (26) of 2023 Concerning the
Executive Council of the Emirate of Dubai,
Do hereby issue this Resolution.
Article (80) of the above-mentioned Law No. (8) of
2018 is hereby superseded by the following:
a.
An Employee may be granted sick leave of up to two (2)
working days at a time and up to six (6) working days per Year without having
to submit a medical report issued by an officially-accredited medical entity.
b.
An Employee may be granted sick leave subject to submitting
a medical report issued by an officially-accredited medical entity in either of
the following two (2) cases:
1.
where the duration of the sick leave is more than two
(2) consecutive working days but does not exceed five (5) consecutive working days;
or
2.
where the duration of the sick leave is more than six
(6) working days but does not exceed fifteen (15) non-consecutive working days
per Year.
c.
Where the duration of the sick leave exceeds the
maximum period prescribed by paragraph (b) of this Article, the sick leave will
be approved subject to submitting a medical report issued by the Medical
Committee.
d.
Where the case referred to in paragraph (c) of this
Article applies, the Medical Committee will, upon verifying the Employee's
health condition, approve granting him a sick leave extension for the period it
deems necessary based on his health condition, provided that the total duration
of sick leave does not exceed one (1) Year for a UAE National Employee and
three (3) months for a non-UAE National Employee.
e.
The Medical Committee will, upon the expiry of the
Employee’s sick leave approved pursuant to paragraph (d) of this Article,
review the health condition of the Employee. Based on the outcome of this
review, the following will apply:
1.
Where the medical fitness of a Non-UAE National
Employee is established, he will be reinstated to his post. Where he is proven
to be medically unfit or to have an irreversible health condition based on a
report issued by the Medical Committee, his service will be terminated.
However, where it is established that an extension of sick leave is deemed
necessary with potential for recovery, the Medical Committee will extend the
Non-UAE National Employee’s sick leave for no more than nine (9) months. If the
Employee does not recover after the expiry of the extended sick leave, his
service will be terminated for medical reasons without the need for an additional
medical report from the Medical Committee. In this case, a two-month notice
must be served on him or his service will be terminated immediately, subject to
paying him the Aggregate Salary for these two (2) months. The notice period
will be deemed part of the Employee’s actual service period.
2.
Where the medical fitness of a UAE National Employee
is established, he will be reinstated to his post, or recommended for transfer
to another post that suits his health condition. Where he is proven to be
medically unfit or to have an irreversible health condition based on a report
issued by the Medical Committee, his service will be terminated. However, where
it is established that an extension of sick leave is deemed necessary with
potential for recovery, the Medical Committee will extend the UAE National
Employee’s sick leave for no more than one (1) Year. Where he has not recovered
after the expiry of the extended period, his sick leave will be re-extended for
the period prescribed by the competent medical committee of the General
Pensions and Social Security Authority or his service will be terminated for
medical reasons. The service of an Employee who is issued with an initial
approval by the Ruler to be granted the UAE nationality and who holds a valid
UAE passport will be terminated for medical reasons pursuant to a medical
report issued by the Medical Committee.
f. In
any event, the service of an Employee will be terminated for medical reasons in
accordance with Article (123) of this Law.
g.
A UAE National Employee will be entitled to his
Aggregate Salary for the first Year of his sick leave, and to his Total Salary
for the period beyond that, unless the leave is due to an Occupational Injury
or Occupational Disease, in which case he will continue to receive the salary
determined by the relevant legislation in force.
h.
A non-UAE National Employee will be entitled to his Aggregate
Salary for the first three (3) months of his sick leave, to seventy-five
percent (75%) of his Aggregate Salary for the subsequent three (3) months, and
to his Basic Salary for any period beyond that, unless the leave is due to an Occupational
Injury or Occupational Disease, in which case he will continue to receive the
salary determined by the relevant legislation in force.
i.
In any event, an Employee or his representative must
officially notify his Department of the sick leave within five (5) working days
from the date on which the leave starts.
j.
An Employee’s working hours will be reduced for
health-related reasons upon the recommendation of the Medical Committee.
However, his daily working hours must not be less than five (5). In this case,
the Medical Committee will review the health condition of the Employee every
three (3) months and prepare a detailed medical report on his health condition.
The provisions of Article (8) of the above-mentioned
Law No. (8) of 2018 will apply to all Employees whose sick leave has been
approved prior to the effective date hereof, subject to the following:
a.
For a non-UAE National Employee who has not completed
one (1) Year of sick leave, this sick leave will be extended until he completes
the one (1) Year, in accordance with the rules and regulations prescribed by
sub-paragraph (e)(1) of Article (80) hereof. The salary of the non-UAE National
Employee for this extended period will be paid in accordance with paragraph (h)
of Article (80) of this Resolution, as of the effective date hereof.
b.
For a UAE National Employee who has been on sick leave
for two (2) or more Years, he will be paid his Aggregate Salary in accordance
with paragraph (g) of Article (80) of this Resolution, as of the effective date
hereof. The UAE National Employee’s sick leave will be extended or his service
be terminated in accordance with sub-paragraph (e)(2) of Article (80) hereof.
This Resolution will be published in the Official
Gazette and will come into force on the day on which it is published.
Hamdan
bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the Executive Council
Issued in Dubai on 13 June 2024
Corresponding to 7 Thu
al-Hijjah 1445 A.H.
©2024 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.