Electronic Sick Leave Certificates
By Zainab Chandra Esq
Authorized leave is permitted to an employee for a duration of 90 consecutive or non-consecutive days for every single service year. Out of which the first 15 days of the leave is entrust to full pay, the following 1 Month is leave with half pay and the rest of the days are overdue fallen leaves. This remains in conformity with the federal law no. 8 of 1980 concerning the regulation of labor relations.
Every company/organization/institution in UAE needs its employees to offer a clinical certification for the grant of the ill fallen leaves specifically when the sick leave approved is a paid leave or is for a duration more than someday. Without such a certification the leave taken is unsettled leave and unapproved leave and thus it adversely impacts the online reputation and performance records of the stated employee.
The stipulation of authorized leave is identified in the labor regulation for the relief of the staff members struggling with some ailment and is not provided to make sure that it could be utilized to get leave when you use up all your annual paid leaves that are available by law yet it has actually typically been mistreated by the workers to enjoy paid leave for a few days. Therefore the federal government of Dubai has provided for particular guidelines for the exclusive medical care facilities about the give of ill leaves through the Doing Policy of Administrative Order No. 317 of 2006 concerning verification of Authorized leave Certificates provided by the Personal Healthcare Center (hereinafter described as 'the law').
The initial question to be established as to these leave certificates is that can grant them in Dubai? The regulation gives that only the physicians/dentists that possess the necessary permit by the Dubai Health Authority to exercise the medication occupation can grant authorized leave certifications (SLC). The number of days for certified leave is likewise controlled by the regulation. A Family doctor, Registrar of a Dental practitioner could give an optimal period of 3 days as authorized leave. An expert or Specialist could give sick leaves approximately a maximum duration of 2 Week. In occasion the health problem of the client requires for a leave for a duration much longer compared to 2 Week, the exact same is to be mentioned in brief clinical report and sent to the Health Regulation Department for the approval of such excess leave. The optimal duration of sick leave can not surpass a duration of 3 months as the optimum leave for illness allowed by the labour legislation is for a period of 90 days.
The Health Guideline Department while accepting the grant of leave for more than 14 days is obligated by the complying with duties:
1. To follow up the verification application of SLC that goes beyond 14 days. Acceptance or change of any type of application is to be according to clinical criteria (after speaking with DHA expert). Need to there be any kind of amendment; clinical justifications for the exact same is to be affixed. The application is to be approved by Licensing and Requirements Director before informing the pertinent person.
2. To follow up and investigate the ill certifications released by the personal health care market, and issue periodical analytical reports here.
3. To derive regular signs to identify the parties that releases the largest percentage of SLC, in order to ensure the seriousness/rightfulness of these certifications. If it transpires that a SLC was provided without rightful reason, the guidelines of DHA Policy of Clinical Infractions and Financial Penalties will use.
The professionals into Free or Natural medicine (WEBCAM) are not allowed to give SLC unless they have a clinical degree i.e. Medical Doctor in Ayurveda (M.D.Ay.), Medical Doctor of Homeopathy (M.D.H.) could issue sick fallen leaves for their patients for an optimal duration of 3 days. Independent WEB CAM centers with CAM specialist e.g. Ayurveda Specialist (Ay.P.), Homeopathic Professional (H.P.) could not release authorized leave for their client, appropriately such centers do not have accessibility to the electronic sick leave system.
For a specialist of the Dubai private sector certified by the DHA to provide a SLC for the approved variety of days as reviewed above, the list below problems have to be pleased:
1. The SLC is to be verified by the Licensing and Requirements Division.
2. Such authentication is to be done online (online) and not by hand through individual presence of the DHA.
3. SLC released retroactively could be validated if provided only for one day, at maximum, prior to the application date.
4. No authentication of SLC could be provided for center or physician/dentist whose licenses, at the date of application, are not restored for more than 6 months.
5. Sick leave certifications issued by professional that accredit is briefly suspended cannot be validated.
6. Authorized leave certificates released to the escort/accompanying of a person for treatment is ruled out as SLC (e.g. mother accompanying her son for health center admission).
7. SLC could be issued and authenticated by healthcare facility despite the fact that the deals are suspended for any kind of factor, given facility permit is not temporarily put on hold.
8. SLC to be approved by professionals can be approved only the healthcare facility at which the stated expert is accredited to practice or at a medical care center at which such expert is permitted to temporarily practice by the Health Policy Department.
The above listed policies are to be strictly adhered to by the professionals and the medical care centers while providing SLC as the offenses of the policies are met large fines. The penalties provided for the non-compliance of the guidelines with respect to the SLC is offered in the Mandate of the Executive Council No. (32) of 2012 Worrying The Guideline of Practicing Health Professions in the Emirate of Dubai (hereinafter referred to as 'the decree'). The decree provides for a penalty of AED 5000 for the following:
1. Recommending sick-leave unrelated to the specialist's permit.
2. Sick-leave prescription by unapproved people or management employees in the facility.
3. Suggesting forged sick-leave or without medical reason.
4. Prescribing sick-leave for a period much longer compared to the allowed for the professional.
5. Failing to provide electronic sick-leaves.
The decree additionally attends to the replication of fines if the offences are repeated within a period of 1 year with a maximum limitation of copied fines one hundred thousand dirhams (AED 100,000) for professionals and two hundred thousand dirhams (AED 200,000) for centers.
Aside from penalties, the decree additionally attends to a fee of AED 60 to the individual for availing an electronic SLC. This fee is comparable for all notwithstanding the sort of illness or the variety of days of leave the person is getting.
These provisions of the law and the decree are only appropriate in Dubai. Within Dubai, the stipulations of the decree relate to all non-governmental health centers and their professionals in the Emirate and the complimentary areas including Dubai International Financial Facility and private development locations. The only exclusion available are the health centers situated in the Dubai Medical care City which is governed by the regulation no. 9 of 2011.
For lawful advice pertaining to the topic, please call +971 4 4221944, or call 800-LAWYER (529937) from within U.A.E. Additionally you may see our website at http://www.dubailawyers.ae