Sick leave in Jordan Labour law

Sick leave refers to a temporary situation where an employee is unable to perform their assigned work due to illness, whether the illness is work-related or not. The purpose of sick leave is to allow the employee to take care of their health and return to work after recovery.

Conditions for Sick Leave

The Jordanian legislator has regulated sick leave and set conditions for obtaining it, as stated in Article 65 of the Jordanian Labor Law: “Every worker has the right to sick leave for a period of fourteen days during one year with full pay, based on a report from a physician approved by the institution. It may be renewed for another fourteen days with full pay if the worker is hospitalized or based on a report from a medical committee approved by the institution.”

By examining this article, we find that the Jordanian legislator has set the following conditions:

1. Proof of illness: The worker cannot obtain sick leave simply by applying for it without a reason; they must be ill. The burden of proof of illness falls on the worker when submitting a request for sick leave, and the way to do this is through a medical report approved by the institution where they work.

The worker’s illness is only proven by a competent authority, which is the attending physician approved by the institution where they work. Therefore, if the worker submits a report from a physician not affiliated with the institution, it will not be considered as proof of illness, and thus they will not be granted sick leave based on it.

Not every illness grants the worker sick leave; the illness must have prevented them from working or hindered their ability to work. If the illness is minor or they can still work with it, they are not entitled to sick leave.

It is worth noting that the Jordanian legislator did not specify the cause of the illness, whether it resulted from negligence or a specific reason, but left it open so that the worker can benefit from it and obtain leave whenever their condition requires it, according to the approved medical report.

They also did not specify the type of illness, whether it is an occupational disease or not, although the matter would certainly be different if it were an occupational disease. In the case of occupational disease, the worker is entitled to a certain percentage of their wage, regardless of the duration of their treatment, even if it lasts more than twenty-eight days. This is stated in Article 90(b) of the Labor Law: “… b- If the worker’s injury or total disability results from their work, they are entitled to compensation equal to 75% of their average daily wage, starting from the day the injury occurred, during the treatment period specified based on a report from the medical authority if their treatment is outside the hospital. This compensation is reduced to 65% of that wage if the injured person is being treated in one of the approved treatment centers.”

2. Hospitalization: Just as the worker can present themselves to the approved physician affiliated with the institution where they work, if they become ill and are subsequently hospitalized, this is also considered as evidence of their illness.
3. No malingering or intentional harm: The worker must be genuinely ill and not feigning illness or malingering, otherwise they will be subject to disciplinary action for their malingering. The worker must also not have intentionally harmed themselves to obtain sick leave or intentionally caused an event with the intention of obtaining sick leave.
4. Submitting a request for sick leave: The worker must submit a request for sick leave before taking it, and this request must be accompanied by documents supporting their claim, provided that the reports submitted are true and not forged. Otherwise, they may be dismissed by the employer without prior notice, as stated in Article 28(a) of the Labor Law.
5. Not exhausting the specified sick leave periods: The worker’s right to enjoy this leave expires at the end of each year they spend in the establishment. They cannot combine unused sick leave from one year with the sick leave of the following year. In other words, sick leave cannot be carried over; it ends with each year.

Duration of Sick Leave and Compensation

1. Duration: The Jordanian legislator has set the duration of sick leave at fourteen days upon presentation of proof of illness from the physician affiliated with the institution where they work or a report from a hospital confirming their illness.

The worker may also submit a request to renew this period for another similar period, but on the condition that they are hospitalized or based on a report from a medical committee approved by the institution where they work.

2. Compensation: The Jordanian legislator has stipulated that sick leave be paid at full wage for the specified period, whether it is fourteen days or extended for another similar period.

The Social Security Corporation covers the cost of treatment incurred by the worker during their absence from work.

Sick Leave and Prohibition of Termination

The Jordanian legislator has stipulated that sick leave is a reason for the worker to receive their full wage as long as they have proven it with an approved medical certificate. Accordingly, the law prohibits terminating the worker’s services or employment in case of illness, as long as their illness is proven. This is stated in Article 27(a)(3) of the Labor Law: “a- Subject to paragraph (b) of this article, the employer may not terminate the worker’s service or give them notice to terminate their service in any of the following cases: … 3- The worker during their annual leave, sick leave, or leave granted for the purposes of labor education or pilgrimage…”

It is understood from this provision that the Jordanian legislator has prohibited terminating the worker’s service as long as they are on sick leave and have proven it with an approved medical report. However, this prohibition is not absolute, as the employer is allowed to terminate the worker’s contract if the worker works for another employer during their sick leave.

This is stated in Article 27(b): “The employer is released from the provisions of paragraph (a) of this article if the worker is employed by another employer during any of the periods stipulated in that paragraph.”

The Jordanian Court of Cassation has supported this view, ruling in a judgment that dismissal is arbitrary if it occurs during sick leave: “The legislator has included in Article 27 of the Labor Law a restriction on the employer, meaning that even if there are legitimate reasons for dismissing the worker, the employer may not terminate the worker’s service in cases including the worker being on sick leave… The fact that the dismissal occurred during sick leave makes it inappropriate.”

Penalty for Terminating Employment Due to Sick Leave

Sick leave is considered a rest period for the worker, granted by the legislator for them to recover. This is considered a human right for the worker and a consideration of their family circumstances and illness, so that they do not lose their job and become unemployed. The legislator’s aim behind this is to make the worker feel reassured and at peace, knowing that they will not be dismissed because of their illness.

As long as the conditions for sick leave are met, the worker has the right to enjoy it, and no one may deprive them of this right, within the limits set by the legislator, including the specified duration and the right to wages during that leave.

Therefore, if the employer dismisses the worker because of their illness, they have violated the law, and this is considered arbitrary dismissal that warrants compensation. Sick leave, as mentioned, is a right for the worker to rest and feel reassured. If they are deprived of this right, they have lost one of the rights granted to them by law, and therefore it is considered arbitrary dismissal that warrants compensation.