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Maternity Leave and Related Rights Under UAE Labour Law; Find Lawyer Online

Legal advice Dubai, maternity leave

Maternity Leave and Related Rights Under UAE Labour Law; Find Lawyer Online

UAE has a higher percentage of working women according to the statistics. They handle the professional and family duties in a productive way. It’s the right of every working woman to get a break from professional activities who are expectant for the child. UAE has taken necessary steps to claim the maternity rights.

Maternity Leave

Maternity leave is the time break that are needed to be provided for the woman who are about to give birth to baby. This can help herself from delivery and to look after the newly born baby with full care. Every mother who give birth to a baby should carefully take care of her own body as same as that of the baby. The mother will be as weak as the baby for some days. Proper care and protection shall be given to them.

Eligibility for Maternity Leave

The expectant mother employee is eligible for the maternity leave. The female employee might be working in the public or private sector. As the rules may differ, the grant of maternity leave is available as per UAE Labour Law. It must be surely respected in all UAE sectors.

Maternity Pay and Duration

According to Article 30 of the UAE Labour Law, “A female worker shall be entitled to maternity leave with full pay for a period of forty-five days, including both pre and post-natal periods, provided that she has completed not less than one year of continuous service with her employer. A female worker who has not completed the aforesaid period of service shall be entitled to maternity leave with half pay.”

Also, “A female worker who has exhausted her maternity leave may be absent from work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work. A medical certificate issued by a duly authorized medical institution or authenticated by the competent health authority confirming that the illness is a result of pregnancy or delivery shall document such illness. The leave provided for in the preceding two paragraphs shall not be deducted from other leave periods”.

Maternity Leave Extension

The law can have changes based on the private sector and public sector. All the allowances are included with it. The leave extension up to 100 consecutive days are possible or not can be asked. The medical certificates are to be submitted for granting extra days of leave. According to Article 83 of UAE Labour Law, the payment calculated during that sick leave is:

  • Full pay for first 15 days
  • Half pay for next 30 days
  • No pay for rest of the days

Breastfeed Leave

After the maternity leave of 45 days, the mothers are allowed to breastfeed the baby for the first 18 months are entitled. As per the UAE Labour law, she can take two breaks each day to breastfeed the baby during the working hours. This will not affect the salary of the woman. If any such salary reduction takes place for this reason, that will be strictly against the UAE law.

Job Guarantee

There is no job guarantee for the female worker during the pregnancy time. The termination will only occur with a valid reason. If in case it happens without a valid reason it is strictly illegal and so the worker can file a claim in UAE Labour Court against the employer.

During the maternity leave, the changing of job position is not an illegal offense. But this is to be executed without salary reduction. If the UAE Labour law is violated, then they will face the legal formalities.

Conclusion

Every woman who give child birth need time for recovery of her health as well as baby’s health. Nurturing every new generation with best care can make a healthy tomorrow. By providing the necessary rights to every employee can lead to mold a talented workforce. Its easy to be illegal. But it’s difficult to be legal. Every citizen has their own right which are to be provided at proper time. Detaining the rights can lead to face serious legal formalities.

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Eva Iris

Author Since:  October 8, 2020

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