Questions & Answers
Maternity leave and related rights under the UAE labour law
Hello.
I need to know my right. I was on my maternity leave and I took an additional 1-month leave along with my maternity before leaving so I can be with my little one for more time.
However, I got pain and infection in my stitches as it was my second c-section. I took a doctor leave and sent it to my company for an additional 2 weeks' leave extension, but they refused.
So I told them it's not possible for me to work at the moment hence consider it my resignation. Now, they are not paying my gratuity and end of service benefits and trying to deduct one-month salary as I didn't serve my notice.
I'm concerned because I never had intentions to resign and requested for leave. They left me no choice even I sent a proof to them the doctor's documents as support.
They shouldn't deduct one-month salary as notice because it's not my fault. Can anybody help?
Moreover, the time they don't pay or deduct I want to go legal way to challenge them.
Is it possible??
Help me, please.
Dear Questioner,
Please note Article 30 of the UAE labour law which states as follows:
"A female employee shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employer's service for a continuous period of not less than one year. If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay.
On the expiry of her maternity leave, a female employee may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days, if such absence is due to an illness preventing her from resuming her work and if the illness is confirmed by a medical certificate issued by the medial service specified by the competent health authority or if the latter authority confirms that the illness was caused by the women's work or confinement.
The leave provided for in the preceding two paragraphs, shall not be deducted from another period of leave."
Hope the above quoted legal provision is self-explanatory in nature.
If you are still unclear about your rights, please feel free to contact me @ 0544461746 or mail me.
Thank you.
Regards,
Rajasree Ravivarma
