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I am a pregnant teacher and need to travel back home before the end of my contract. How can I do this?

I am a married pregnant teacher, with a renewed contract starting next August 2025 and running until August 2026.

The school suddenly stated I was not meeting their standard of lesson delivery - and I recognize it - so they said they would review my renewed contract.

After stating my case to my principal and my concerns as a mom-to-be, they asked me whether I wanted to stay or not next year to see what they could offer me.

The truth is I do not want to stay, as it will be an inspection year, I will be absent for 3 to 4 months to have the baby and I do not want the pressure of when I go back.

However, the implication is that I would have to fly home to South America by the end of my current contract (August 2025) which will be impossible on my 37-38 pregnancy week.

It seems I have to break my current contract to fly home earlier but I am afraid this will leave them free of the responsibility of giving me partial maternity benefits.

I am not sure what to do.

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Future Vision Advocates Legal Consultancy
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13 Mar 2025, 06:31

Greetings,

Your situation involves key legal and contractual considerations, especially regarding maternity rights, contract termination, and entitlements.

Here’s what you need to know:

Maternity Benefits: UAE labor law provides maternity leave benefits, but resigning early may affect your entitlement. A legal review of your contract is crucial to determine your rights.

Contractual Obligations: If you terminate your contract before its completion, you may face penalties or loss of certain benefits. However, there may be legal options to protect you.

Alternative Solutions: Depending on your employer’s stance, negotiating an amicable exit with retained benefits might be possible.

To secure your rights and avoid financial loss, we strongly recommend booking a consultation with "Future Vision for Advocacy and Legal Consultancy" for expert legal guidance or representation.

Would you like us to assist you in reviewing your contract and exploring your best options?

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

To contact us, you can call or WhatsApp us.

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KHE Legal Consultancy
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13 Mar 2025, 06:33

Hello,

If you terminate the contract before the end date without a valid reason, the employer can claim compensation for the unfulfilled portion of the contract (usually up to 3 months' salary).

However, since you are pregnant and have specific concerns about maternity and health, this could be considered a valid reason for breaking the contract, and you may be able to negotiate a mutual termination with your employer.

You are entitled to maternity leave and benefits under UAE law if you have worked for over a year.

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Dar Al Haqooq Legal Consultancy
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13 Mar 2025, 06:35

Dear Valued Client,

Thank you for sharing the details of your complex employment situation.

I understand your concerns as a pregnant teacher facing potential contract issues and the need to return to South America.

Based on UAE labor laws and your specific circumstances, please consider the following professional advice:

1. Legal Protection:

UAE labor law provides strong protection for pregnant employees. Termination based on pregnancy is strictly prohibited, which safeguards your position.

2. Contract Obligations:

Your renewed contract for August 2025-2026 is legally binding. The school cannot unilaterally cancel it without valid, non-pregnancy-related reasons.

3. Performance Concerns:

While the school has raised performance issues, they must demonstrate these are unrelated to your pregnancy if considering termination.

4. Maternity Benefits:

You are entitled to 60 days of maternity leave (45 days full pay, 15 days half pay), regardless of your decision to continue employment afterward.

5. Travel Considerations:

Flying at 37-38 weeks of pregnancy poses significant health risks and may be restricted by airlines, a valid concern your employer should acknowledge.

Recommended Actions:

1. Documentation:

Maintain detailed records of all communications regarding your performance and contract discussions.

2. Negotiation Strategy:

Given your preference to discontinue employment, consider negotiating an exit strategy that includes:

- Early release from your current contract without penalties

- Partial payment of maternity benefits

- Assistance with repatriation before your due date

3. Legal Consultation:

Seek advice from a UAE labor law specialist to fully understand your rights and explore compensation options if unfairly treated.

4. Resignation Approach:

If opting to resign, submit a formal letter citing pregnancy-related health reasons to potentially safeguard applicable benefits.

5. Regulatory Protection:

Be aware of your right to file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) if facing unfair treatment or undue pressure to resign.

Priority Considerations:

Your health and your baby's well-being should be paramount in all decisions. While addressing performance concerns, the school must legally accommodate your pregnancy-related needs.

Next Steps:

I recommend initiating an open dialogue with your employer to negotiate a solution that allows for your safe return home before your due date while preserving your rights to maternity benefits.

If you need assistance in drafting a negotiation strategy or require further clarification on any points, please don't hesitate to reach out.

Best regards,

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Al Fahad Legal Consulting
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13 Mar 2025, 06:50

Dear G.,

Thank you for your inquiry. Here's a summary of your rights and options under UAE Labor Law:

Maternity Leave: Under UAE law, you are entitled to 45 days of maternity leave at full pay, provided you remain employed by the company.

If you break your contract early, you may forfeit this entitlement unless specified otherwise in your contract.

Early Contract Termination: If you choose to terminate your contract before it ends (August 2025), you may lose your full maternity benefits.

Review your employment contract for any penalties or obligations related to early termination.

Flying at 37-38 Weeks: Airlines typically restrict travel after 36 weeks of pregnancy, and flying at this stage can pose health risks. It's recommended to consult with your doctor and obtain a medical certificate for travel.

Negotiation with Employer: The school seems open to discussion, so you could negotiate to stay until your due date or agree to early termination while securing maternity benefits.

Next Steps: I recommend reviewing your contract's clauses on maternity leave and early termination. If needed, I can assist in further clarifying or negotiating with your employer.

Please feel free to reach out for further assistance.

Best regards,

Mohammed Salah

Legal Consultant

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Sara Alsaedi Advocates and Legal Consultants
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13 Mar 2025, 08:23

Greetings of the day,

It sounds like you're facing a difficult situation. If you break your contract early, it could affect your entitlement to maternity benefits, but it's important to consider your health and well-being as well.

You may want to consult with a lawyer to clarify your rights regarding maternity leave and benefits, as well as the potential consequences of breaking your contract.

It’s essential to understand your options thoroughly before making any decisions.

Our legal services are available to assist you through this process and help you explore potential solutions.

Best Regards,

Sara Al Saedi Advocates and Legal Consultants

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Mohamed Bakheet Advocates & Legal Consultants
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13 Mar 2025, 12:20

It appears you're experiencing an unexpected termination of your employment contract during your pregnancy, which could affect your health and financial situation.

According to labor laws in many countries, it may be illegal to terminate your employment contract due to pregnancy, so you can check whether you are protected under UAE labor law.

If your school decides not to renew your contract, you may have the right to appeal or seek compensation, especially if you weren't given adequate notice of the termination.

Additionally, if you need maternity leave, you can explore your legal rights regarding paid leave or financial support during this period.

As for traveling to the United States, it's best to consult your doctor about the risks of traveling in the 37th-38th week of pregnancy, as it may be unsafe, and some airlines may prohibit you from flying at this late stage of pregnancy.

If you need to terminate your contract early due to pregnancy, you may have a medical justification for receiving financial relief or support.

For assistance, please contact us by phone or WhatsApp.

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