In the Bahraini work environment, obtaining sick leave bahrain is considered a fundamental right guaranteed by law for every employee facing a medical condition that prevents them from performing their job.
Despite the clarity of the legal provisions, many employees and employers remain unaware of the specific entitlements, often leading to disputes that could be avoided with accurate knowledge.
In this article, we will shed light on the entitled duration, salary coverage, reasons for rejection, and the worker’s rights upon termination, according to the latest legal amendments.
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Conditions for Obtaining sick leave bahrain
According to Article (59) of the Bahraini Labor Law for the Private Sector (Law No. 36 of 2012), an employee is entitled to sick leave in bahrain if the following conditions are met:
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Medical condition confirmed by an official report: The employee’s health status must be certified through an approved medical certificate issued by an official healthcare institution within the Kingdom of Bahrain, such as public hospitals or licensed health centers under the Ministry of Health.
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Immediate or timely notification: The employee must notify the employer of their medical condition as soon as possible and attach the supporting medical certificate.
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Completion of the probationary period: Generally, sick leave in bahrain is not counted during the probation period unless otherwise stated in the contract or internal regulations.
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Annual limit not exceeded: Sick leave bahrain is granted within a specific annual cap (15 days with full pay, 20 days with half pay, and 20 days without pay). This limit may not be exceeded unless by special agreement with the employer.
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Proper use of the right: Sick leave in bahrain must not be misused, such as applying for it for non-medical purposes. Misuse may result in legal accountability or disciplinary dismissal.
The law stipulates that sick leave in bahrain must be based on genuine and proven medical reasons. It is not considered lawful unless all the above conditions are met and the leave is submitted within the specified timeframe.
Duration of sick leave bahrain and Entitled Salary
Article (59) of the Bahraini Labor Law in the Private Sector (Law No. 36 of 2012) stipulates that an employee is entitled to sick leave in bahrain with pay according to the following annual scale:
- 15 days with full pay.
- 20 days with half pay.
- 20 days without pay.
In all cases, a certified medical certificate must be submitted, issued by an official healthcare authority such as the Ministry of Health or any other medical center accredited by the ministry.
For example, if an employee is sick for 10 days and submits a valid medical certificate, they are entitled to their full salary. If the leave extends to 25 days, the first 15 days are paid in full, and the next 10 days are paid at half the salary, and so on.
This entitlement is calculated per calendar year and does not carry over to the following year. It resets at the beginning of each new year.
When Can sick leave bahrain Be Rejected?
The employer may lawfully reject a sick leave in bahrain request in the following cases:
- Failure to submit an approved medical certificate: Certificates not issued by recognized institutions such as the Ministry of Health or government hospitals are not accepted.
- Delayed notification: The employee must inform the employer of their medical condition immediately or as soon as reasonably possible.
- Misuse of the right: Frequent unjustified absences or false claims of illness may be considered a breach of contract.
- Exceeding the permitted leave period: If the employee has exhausted their paid sick leave in bahrain entitlement and has not agreed with the employer on an extension.
In such cases, the employer has the right to deduct from the employee’s salary or take administrative action, provided such measures are not abusive and are in accordance with legal procedures.
Employee Rights Upon Termination During or After sick leave bahrain
Termination due to sick leave in bahrain may be considered arbitrary dismissal if it is proven that the employee was still within their legally entitled leave period. Article (110) of the Bahraini Labor Law prohibits termination during sick leave in bahrain, except under specific circumstances.
In such cases, the employee’s rights may include:
- Financial compensation for unlawful dismissal, equivalent to one and a half months’ salary for each year of service.
- Notice pay, if the employee was not notified in advance of the termination.
- End-of-service gratuity, for the entire period of employment up to the date of termination.
It is important for employees to understand that the burden of proof for arbitrary dismissal lies with them. They may file a claim with the Ministry of Labor or the labor court within the legal timeframe to seek their rights.
In the event of a dispute regarding the legitimacy of the dismissal, it is strongly recommended to appoint a specialized Bahraini labor lawyer to initiate the legal proceedings, submit medical evidence, and provide supporting documentation in accordance with the law.
Frequently Asked Questions
Here are some of the most common questions related to requesting sick leave bahrain:
In conclusion, obtaining sick leave bahrain is a legally protected right that includes financial entitlements and procedural safeguards.
If you are facing a dispute, don’t hesitate to contact our legal team to ensure your rights are fully protected. Use the WhatsApp button at the bottom of the screen now to get in touch and receive immediate legal consultation.
For more information, read the following:
Lawyers in Manama: Find Quality Legal Services in Bahrain.
Notary Lawyer Near You in Bahrain: Fast Private Notary Services.
Law Firms in Bahrain: Services, Selection Tips.
