Tuesday, July 26, 2011

Maternity leave for working woman in UAE

I have worked in a company for 6 months only. I have completed the probation period, but currently I am in my ninth month of pregnancy and I have some questions in this regard:
1. Is the woman entitled to maternity leave each time or for once only within her employment with the company?
2. In case of depletion of the maternity leave, am I entitled to extend such period, if necessary, is it paid or without pay and what is the period of such leave?
3. For the period of my service, am I entitled to the whole maternity leave, which is, to my knowledge, 45 days and is it paid or without pay?

I would like to clarify to the questioner that as per the Labour Law the working woman is entitled to maternity leave each time she becomes pregnant and requires such leave, not for once. As for the questioner’s other enquiries, article no. 30 of the Federal Labour Law no. 8 of 1980 states the following:

“A female worker shall be entitled to maternity leave with full pay for a period of forty-five days, including both pre- and post-natal periods, provided that she has completed not less than one year of continuous service with her employer.

A female worker who has not completed the aforesaid period of service shall be entitled to maternity leave with half pay.

A female worker who has exhausted her maternity leave may be absent from work without pay for a maximum period of 100 consecutive or nonconsecutive days if such absence is due to an illness preventing her from resuming her work.
A medical certificate issued by a duly authorised medical institution or authenticated by the competent health authority confirming that the illness is a result of pregnancy or delivery shall document such illness. The leave provided for in the preceding two paragraphs shall not be deducted from other leave periods”.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.