Maternity Leave in UAE: Duration, Eligibility, & Labour Law

Maternity Leave in UAE provides guidelines to support women employees and is governed by the nation’s labor laws overseen by the Ministry of Human Resources & Emiratisation. It includes time off for childbirth recovery, bonding with the newborn, and adjusting to motherhood. We’ll cover the terms, duration, payment, and benefits.

Maternity Leave Law in UAE

Article 30 in Federal Law No. 28 of 2006 of the UAE is a comprehensive guide to maternity leave for women. As an employer in the UAE, it’s crucial to understand and adhere to these regulations. They are not just rules but a reflection of the UAE’s commitment to protecting the rights of women employees. These regulations are regularly updated to address crises and employee concerns, providing a sense of security and confidence to employers. This ensures they are well-informed and can uphold the rights and needs of their female employees.

1. Maternity Leave Duration in UAE

In the United Arab Emirates, new mothers are entitled to 60 days of maternity leave, with 45 days of paid leave and 15 days of unpaid leave for women with uncomplicated deliveries. If there are complications during pregnancy or delivery, the maternity leave can be extended to 90 days. Expectant mothers can start their leave 30 days before their due date, and in cases of sudden complications, they can start their leave six months into the pregnancy. Additionally, new mothers can take an additional 45 days of paid leave if they or their newborns need extra care due to delivery-related complications. If the newborn has disabilities, the mother can take 60 days of leave, with the first 30 days being paid and the remaining 30 days unpaid. New mothers are also allowed to take up to 2 hours per day for nursing their child.

Moreover, any leave under maternity and child care will not be included in the official leave allocated to an employee.These features enhance women’s empowerment and continue women’s jobs after delivering a baby, reinforcing their value and contribution to the workplace. Due to the advancement of leave management software, employers can manage all the leaves of the employees.

2. Payment During Maternity Leave in UAE According to the Labor Law

The first 45 days are considered paid leave. This means the employee will continue receiving their regular salary during this period. The rest of the leave is unpaid, meaning the employee will not receive their regular salary. However, they may be eligible for other benefits, such as health insurance, during this time. If the maternity period has any complications in delivering a baby or after delivery for both mother and baby, additional paid leave is accessible for them. It is based on the conditions that the employee undergoes. No deduction is applicable for an employee on paid maternity leave in the UAE. Their bonus calculation does not include an employee’s performance during the maternal leave in UAE that may be paid or unpaid.

3. Additional Maternity Leave for Employees

Women employees can get or extend an additional 45 days of leave if they encounter an unexpected medical emergency or illness. It can be taken for a variety of reasons, such as recovery from childbirth, postpartum depression, or the need for additional time to care for the newborn. The employer entirely pays this additional leave available to employees with medical evidence to support them in their recovery process.

If a mother delivers the baby earlier than the due date due to medical complications or if the baby is born with disabilities or health-related issues, the mother can take up to 30 days of leave. This leave is considered unpaid. All the additional leaves the employees require need proper medical reports from a valid medical practitioner.

4. Recent Updation in Maternal Leave in UAE

The United Arab Emirates has taken a significant step by introducing paternity leave for men, a first among nations. This 5-day paid leave recognizes the responsibility of fathers in the early stages of a child’s life and promotes gender equality in parenting. It’s a policy that applies to both men and women, allowing them to avail of this leave within 6 months from the date of childbirth. Effective in 2020, this progressive move is part of a series of Updates that the UAE has implemented to support employed parents and foster a healthy work-life balance.

5. Termination Policy for Employees During Maternity Leave in UAE

No employers are subject to terminate an employee on maternal leave and after 2 months of resuming their work from the leave. This means an employer cannot fire an employee simply because she is on maternal leave or has recently returned. This enables the women to finish their pending work and increase their productivity. The restriction of termination during maternal leave and after 2 months from the expiry of it supports the women to take care of themselves and their families without worrying about the security of their jobs. It helps them to complete the pending tasks of their career.

Eligibility to Avail Maternity Leave

The Ministry of Human Resources & Emiratisation framed essential eligibility criteria for women to access this leave. The primary conditions are listed below.

1. Women working under regular and permanent employee categories in both the public and private sectors can avail of the benefits; temporary employees are not eligible for maternity benefits.
2. The employees who have been working for equal or more than one year under the same employer.
3. Initially, the employees must submit the medical report of pregnancy confirmation; if any medical complications arise for the mother or the baby during pregnancy or after delivering the baby, the employee can avail of other maternity benefits by submitting a medical evidence report.

Maternity Leave Applicable for the Private Sector in the United Arab Emirates

It is applicable for all women during their pregnancy period. One can access maternal leave after six months of pregnancy. Article 30 in Federal Law No. 28 of 2006. After implementing the maternity benefits in the labor law, the private sectors are subjected to follow the amendments. This amendment in the labor law protects women’s employment in the United Arab Emirates.

Other Medical Leave

It is accessible to women who report their pregnancy to their employer with a proper medical report. This leave has been implemented in the labor law framed by the Ministry of Human Resources & Emiratisation to facilitate the complications one can face during their maternity period. So, these benefits and leaves should not be considered when determining the employer’s other leaves generally provided for an employee. One can take advantage of one’s primary medical leave, which the employer allocates to all the employees.

This means that if a woman has any complications or needs more treatment, she may go on sick leave for another three months after finishing the maternity break. In most cases, the employer approves this leave, but any woman has to provide a medical report to justify her application.

Conclusion

Maternity leave is crucial for working women in the UAE. They need to know the duration, eligibility, and paid/unpaid leave details. UAE offers paternity leave for male employees. It’s important to stay updated on the latest changes by the Ministry. Implementing maternity benefits has increased women’s employment and post-pregnancy job resumption. To effectively manage employee leave, consider using factoHR’s leave management software.

Frequently Asked Questions

1. Is Maternity Leave Applicable for Women Employees From Other Countries?

The United Arab Emirates is one of the nations that implemented significant maternity benefits for women employees and paternal leave for male employees to sustain and increase the productivity of both the public and private sectors. It also applies to women employees working in the UAE from other countries.

2. Does Maternity Leave Affect Employee’s Appraisal?

The benefits applicable to pregnant women are excluded from the employee’s appraisal criteria. This should not affect her other leave policies and increments.

3. Can an Employer Extend Maternity Leave?

The basic duration of maternal leave in UAE is about 60 days. The first 45 days are paid leave, and the remaining 15 days are unpaid. Suppose the mother or the newborn baby needs complications or special care. In that case, the employee can avail of a maximum of 45 days of paid leave or 30 days of unpaid leave in addition to basic maternal leave based on the employee’s circumstances. The employer extends these additional leaves with proper medical proof in the United Arab Emirates.

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