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Maternity leave followed by unpaid leave, can we consider sick leave on a prorated basis?

Dear Sir/Madam,

After completing three years, an employee will go on maternity leave starting from March 4, 2024.

Following approved maternity leave, the employee will take unpaid leave. The employee has already used all available annual leave and utilized 25 days of sick leave at the beginning of the year.

If the employee goes on maternity leave followed by unpaid leave, can we consider sick leave on a prorated basis?

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4 Mar 2024, 05:11

Dear Sir/Madam,

The UAE's labor law does not typically prorate sick leave based on other types of leave taken by the employee.

Each type of leave entitlement, such as maternity leave, unpaid leave, and sick leave, is usually treated separately according to company policies.

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KHE Legal Consultancy
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4 Mar 2024, 06:46

Dear Questioner,

The maternity leave will be a paid one according to UAE Labor law. The female Worker shall be entitled to a maternity leave of (60) sixty days according to the following:

a. The first forty-five (45) days with full pay.

b. The following fifteen (15) days with half pay.

4 Mar 2024, 06:48

If your employer accepts, then she can avail of the rest of the sick leave along with the maternity leaves.

4 Mar 2024, 07:01

If you need further clarification, we will arrange a legal consultation session as well.

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Dar Al Haqooq Legal Consultancy
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4 Mar 2024, 07:01

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

In the UAE, sick leave entitlement is separate from maternity and unpaid leave. Once sick leave is exhausted, additional sick leave may not be granted during maternity or unpaid leave.

It's crucial to review company policies and consult with HR or legal experts for compliance.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will be happy to help you.

Thanks and Regards,

ABDUL WAHIED

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