Questions & Answers
Can the employer remove the benefit of maternity leave the contract for me at the time of signing?
I want to ask a question.
I signed my contract previously without including the maternity leave, and at that time, I was single.
Now I am married and pregnant. Is there a possibility of getting maternity leave with pay?
As per my company, they cannot give.
According to the new UAE Labor Law (Federal Decree-Law No. 33 of 2021), maternity leave is a fundamental right for an employee, and an employer cannot cancel or reduce it in the employment contract.
Yes, you are entitled to paid maternity leave regardless of your previous status, as your right to maternity leave arises from the fact that you are a pregnant employee.
It is not linked to your marital status or the date of signing the contract, and you are entitled to claim it according to local labor laws [3, 4].
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Dear S.,
Wa Alaikum Assalam,
Under UAE Labor Law, maternity leave is a legal entitlement regardless of whether it was explicitly mentioned in your original contract.
If you are employed and have met the minimum service period (typically one year), you are entitled to 60 days of maternity leave, which includes 45 days at full pay and 15 days at half pay.
Even if your contract did not specify maternity leave when signed, your employer is legally required to provide this leave as per the UAE labor regulations.
The company cannot lawfully deny you paid maternity leave due to marriage or pregnancy status after contract signing.
If your employer is refusing to grant maternity leave with pay, you may raise the issue with the Ministry of Human Resources and Emiratisation (MOHRE), which enforces labor rights in the UAE.
If you would like, we can assist you in communicating with your employer or filing a complaint with MOHRE to ensure your maternity leave rights are protected.
Best regards,
Yes, you are entitled to paid maternity leave even if it's not stipulated in your contract. UAE law guarantees this right, and the company cannot waive or circumvent it.
