Questions & Answers
My wife got her maternity leave after she gave birth prematurely. Can her company pay her only half a salary?
My wife was pregnant and gave birth in the first week of her seventh month.
The company she works for refused to give her leave when she requested it before giving birth, claiming that work required it and that she was still in her sixth month.
Now the company she works for is refusing to pay her full salary and is offering to pay only half her salary.
Do they have the right to do this?
What are my wife's rights with the company she works for, and how can we demand them?
Under Article 30 of the UAE Labour Law (Federal Decree-Law No. 33 of 2021), a female employee is entitled to 60 days of maternity leave, 45 days with full pay and 15 days with half pay, regardless of whether the birth is premature, provided a medical certificate supports the condition.
Maternity leave may begin up to 30 days before the expected due date. The employer’s refusal to grant leave before delivery and decision to pay only half the salary violates this provision.
Your wife has the right to file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE), which enforces compliance with UAE labour regulations.
For more legal support, contact us.
Thank you
First, we congratulate you on your new baby and wish you, your baby, and their mother continued health and happiness.
Regarding your question, according to the Labor Law, a female worker is entitled to 60 days of maternity leave, as follows:
1. The first 45 days are at full pay.
2. The subsequent 15 days are at half pay.
The aforementioned maternity leave is also due if the birth occurs after six months or more of pregnancy.
The employer must grant the female worker maternity leave upon her request, at any time, starting from the last day of the month immediately preceding the month in which the birth is expected. This must be proven by a medical certificate.
In your wife's case, she is entitled to the first 45 days at full pay and the subsequent 15 days at half pay.
The employer has no right to force you to accept anything that violates the Labor Law, and we can help you resolve the matter legally.
You can contact us via the contact numbers and email so we can review all the details and advise you effectively and correctly.
According to UAE law, pregnant women are entitled to 45 days of maternity leave, which can be taken before or after giving birth.
In your wife's case, she should have been granted leave when she requested it before giving birth, as she was in her seventh month of pregnancy.
The company cannot refuse to pay her full salary during this period, as it is a legal entitlement for pregnant women.
They also cannot force her to work during this time, as it can be harmful to her health and the health of the baby.
Your wife's rights in this situation include:
1. Maternity leave: As mentioned, she is entitled to 45 days of maternity leave, which can be taken before or after giving birth.
This leave is fully paid and cannot be reduced or denied by the company.
2. Full salary: During her maternity leave, your wife is entitled to receive her full salary. The company cannot reduce her salary or offer only half the salary.
3. Protection from termination: According to UAE law, pregnant women cannot be terminated from their jobs during their pregnancy or maternity leave.
If the company terminates your wife's employment during this time, it would be considered unfair dismissal, and she can take legal action against them.
4. Medical benefits: Your wife is entitled to receive medical benefits during her pregnancy and after giving birth. This includes coverage for prenatal care, delivery, and postnatal care.
According to UAE Labour Law, a female employee is entitled to maternity leave of 60 days, 45 days with full pay, and 15 days with half pay.
This leave can begin before or after childbirth. The company’s refusal to grant leave or pay the full salary during the maternity period is a violation of the law.
Our center specializes in labor law cases, and you may contact us via WhatsApp for further legal assistance.
It's unacceptable and likely illegal for your wife's company to refuse her legally entitled maternity leave and then offer only half her salary.
She had the right to commence her maternity leave up to 30 days before the expected date of delivery, based on a medical certificate.
The company's refusal based on their assessment of her "month" of pregnancy was incorrect and a violation of her rights.
She is entitled to 60 days of maternity leave in total. The first 45 days of this leave must be with full pay, including all allowances. The subsequent 15 days are with half pay.
No minimum length of service is required to be eligible for maternity leave. The company does not have the right to unilaterally reduce her salary during her legally entitled maternity leave to half of what is already stipulated for those 15 days.
For the first 45 days, she is entitled to her full salary. Your wife should immediately send a formal written complaint via email to her employer.
If the employer does not respond positively and rectify the situation immediately, your wife should file a formal labor complaint with MOHRE.
If you need further clarification, you may ask.
Hello!
Your wife is legally entitled to 60 calendar days of maternity leave (45 days fully paid + 15 days half-paid) if she has completed one year of service.
She may also take additional unpaid leave for up to 45 days if she is unable to return to work due to pregnancy-related complications, with a valid medical certificate.
The refusal of the full salary by the company is a violation of the law. She can file a complaint with the Ministry of Human Resources and Emiratisation ( MOHRE).
Thanks!
Badr Legal Consultants
According to the UAE Labor Law (Federal Law No. 33 of 2021, Article 30), your wife is entitled to 60 days of paid maternity leave, including:
- 45 days at full pay,
- 15 days at half pay,
Regardless of the timing of the birth (even if it is premature or in the seventh month).
Dear Inquirer,
Under UAE Labour Law, your wife is entitled to maternity leave and full salary rights during that period, especially if she gave birth prematurely due to a medical condition.
The employer has no legal right to deny her maternity leave or reduce her salary arbitrarily.
Your wife may be entitled to file a formal complaint and claim the full salary and benefits she is legally owed.
To protect her rights and take proper legal steps, we recommend booking a consultation or assigning Future Vision for Advocacy and Legal Consultancy to represent her case.
Your wife is entitled to 60 days of fully paid maternity leave, regardless of whether the birth was premature (as in her case, in the 7th month).
The first 45 days are at full pay.
The next 15 days are at half pay.
If the employer refuses to cooperate, you can file a complaint with MOHRE
