Legal blog
Maternity Rights as per the UAE Labour Law
Full-time employees working in the UAE are entitled to leave and holidays as per the labour laws in the UAE, which broadly include annual or recreation leave, sick leave, bereavement and maternity leave.
Articles 30 & 31 of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the 'Employment Law') lay down the following on labour rights during the maternity period:
- Full pay for a period of 45 days, including the period preceding and the period following her confinement - if service is more than a year.
- The ‘full pay’ that you are entitled to during your maternity leave is your gross salary, inclusive of both your basic salary and any allowances.
- If less than one year- half pay.
- May extend the leave for a maximum 100 consecutive or non-consecutive days [unpaid leave] if there is any illness preventing her from resuming the work, provided a medical certificate shall be presented in that regard.
- Entitled to take two additional breaks each day for nursing the child during the 12 months following her delivery without any reduction of wage.
Points to be noted:
Maternity leave can be availed during the post-delivery or pre-delivery stage. If the employer terminates a woman employee’s service because she has applied for maternity leave, such termination would be considered, as per the UAE Labour Law, as arbitrary dismissal. In other words, an employer shall not terminate the contract while the employee is on maternity leave.
The 45 days mentioned above may not be clubbed with your annual leave. As annual leave period [specific dates] shall be sanctioned by the employer as per his discretion, you may club it only after taking permission from the employer and not as a matter of right.
Notice period and maternity leave cannot be clubbed together-your employer may require you to perform your duties during the notice period.
The UAE Labour Law does not recognize, up until now, maternity rights to a female employee who is adopting a child.
The period of maternity leave availed is counted for calculating the period of employment while calculating gratuity.
Written by:
Rajasree Ravivarma | Hussain Lootah & Associates
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