Q: My wife resigned while pregnant and was unable to work during the notice period due to complications. The employer is enforcing the penalty to her gratuity. Can the employer impose the penalty? A: There are certainly grounds for complaining at MOHRE and contesting the gratuity dues…

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Exemption of employee with medical case from serving notice period

Hello,

My wife resigned while pregnant and was unable to work during the notice period due to complications related to the pregnancy.

The employer is enforcing the penalty to her gratuity because of sick days during the notice period.

All work-related duties, handover, were completed and the employer was fully aware of the situation with the pregnancy.

Can the employer impose the penalty?

Naser Muhyealdeen

Hassan Al Riyami Advocates & Legal Consultants

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19 Aug 2018, 17:40

If your wife has all the necessary medical reports to support her claim that there were indeed health issues caused by pregnancy that affected her notice period, then there are certainly grounds for complaining at MOHRE and contesting the gratuity dues.