Is an employee eligible for maternity leave in the first three months of pregnancy?

Greetings,

Maternity leave is considered sick leave after the birth of the child.

For further inquiries about your topic, you can visit our office or contact us on WhatsApp at [-----] or email at [--------].

Dear Questioner,

The eligibility for maternity leave and whether sick leave taken in the first three months of pregnancy can be considered normal sick leave or maternity leave depends on the company's policies and laws of the jurisdiction.

In many jurisdictions, maternity leave typically begins closer to the end of pregnancy or after the birth of the child.

However, in some cases, if a doctor determines that a pregnant employee needs to take time off work due to pregnancy-related complications, it may be considered maternity leave rather than regular sick leave.

It is important for pregnant employees to familiarize themselves with their company's policies regarding maternity leave and to consult with HR or their manager if they have any questions or concerns about taking time off during the early stages of pregnancy.

Additionally, it is advisable for pregnant employees to obtain documentation from their healthcare provider to support their need for time off work due to pregnancy-related issues.

According to UAE labor law, female employees are entitled to 45 days of maternity leave, which can be taken before or after delivery. This leave is fully paid and can be extended for an additional 10 days if necessary.

In the first three months of pregnancy, an employee is not eligible for maternity leave as this period is considered the early stages of pregnancy.

However, if the employee takes sick leave during this time, it will be considered normal sick leave and not maternity leave.

For further details, please contact us on WhatsApp [------].

Hello,

A female employee working in private sector companies in the country is entitled to maternity leave for a period of (60) days as follows:

- The first 45 days are on full pay.

- The following 15 days with half-pay.

The employer must grant the worker maternity leave whenever she requests it, at any time, starting from the last day of the month immediately preceding the month in which she is expected to give birth, according to an approved medical certificate.

After exhausting her maternity leave, the worker may stop working - without pay - for a period not exceeding (45) continuous or intermittent days due to an illness that befell her or her child as a result of pregnancy and childbirth.

The disease is proven by a medical certificate issued by the competent medical authority.

This period does not fall within the period of service for which the worker is entitled to an end-of-service reward or the period of participation in the retirement system in accordance with the legislation in force in this regard.

Anything before that is counted as sick leave or annual leave

The Medical Committee may postpone maternity leave, completely or partially, in special medical cases related to the newborn, for a period not exceeding (3) three months from the date of the member’s entitlement to this leave.

It is permissible to combine maternity leave with any other leave approved under this law, up to a maximum of (120) one hundred and twenty days from the beginning of maternity leave.

An employee is eligible for maternity leave after childbirth.

The employer shall grant the female worker a maternity leave whenever she requests it at any time starting from the last day of the month immediately preceding the expected month of delivery, and this shall be proven by a certificate from the Medical Entity.

Otherwise in the UAE, maternity leave entitlements typically kick in after childbirth, not during the first three months of pregnancy.

It can be considered as sick leave.

If you need further clarification, you may ask us.

It is considered a regular leave that will be deducted from her balance.

Maternity leave can only be requested a month before the birth.

Dear questioner,

In the UAE, an employee's eligibility for maternity leave and how sick leave is handled during the first three months of pregnancy depends on the following:

- An employee is only eligible for the full maternity leave package (60 days with specific pay structure) after completing one year of continuous service with the same employer.

- There's no separate eligibility based on the trimester of pregnancy. However, they can still benefit from other provisions depending on the situation.

- If a pregnant employee experiences health issues unrelated to pregnancy during the first trimester, they can utilize their regular sick leave allowance according to the company's policy (paid or unpaid).

- If the illness is directly related to the pregnancy and requires an extended absence, the situation becomes more nuanced.

I would like to assist you further. Please feel free to reach out to me at [------] or [------].