As we delve into the intricacies of maternity leave for the private sector in the United Arab Emirates (UAE), it’s important to clarify a few misunderstandings about the UAE labour law termination during probation period. The common perception that suggests less protection for employees during this period can be misguiding. It is key to note that maternity leave is legally prescribed for 45 days for both full and part-time workers, regardless of the probation period. This period can be further extended by an additional 10 days in specific circumstances. Understanding the termination during the probation period in Dubai and wider UAE is crucial, especially for expecting mothers. This article seeks to help in understanding the provisions and implications of maternity leave in the UAE, how these are protected by law, and what benefits an expectant mother can anticipate.
Legal Requirements for Maternity Leave in UAE
Maternity Leave Provisions in the UAE Labor Law
Maternity leave in the UAE is predominantly driven by the new labour law for a limited contract in UAE along with the UAE Labor Law Federal Law No.8 of 1980 (as amended). As per Article 30 of this law:
- Maternity leave with full pay is provided for a period of 45 days, including the period before and after delivery, provided the woman has worked for the employer for at least one year.
- If the woman has not completed one year of service, she will be entitled to maternity leave with half pay.
- On expiry of the maternity leave, a working woman who has given birth can take additional leave without pay for a maximum period of 100 consecutive or non-consecutive days if a valid medical certificate is provided, stating that the illness was caused by pregnancy or delivery. This leave can be continuous or intermittent, as long as it does not exceed 100 days.
At the same time, the question of new working hours in UAE for the private sector is frequently raised, especially among working mothers. After the period of maternity leave, they often face the challenge of balancing their newly expanded home responsibilities with their professional commitments.
How the Maternity Leave Procedure Works in UAE
| Step | Description | Duration | Notes |
|---|---|---|---|
| 1. Notification | Inform your employer about the pregnancy and expected due date. | N/A | Preferably early in the pregnancy |
| 2. Medical Certification | Obtain a medical certificate from a certified health practitioner. | N/A | Required for leave approval |
| 3. Submit Application | Submit a maternity leave application to your employer. | N/A | Include the medical certificate |
| 4. Leave Period | Commence maternity leave as per the approved dates. | 45 days | Can extend with unpaid leave |
| 5. Postnatal Care | Additional leave for postnatal care, if needed. | Varies | Subject to medical advice |
| 6. Return to Work | Resume work after the leave period ends. | N/A | Discuss any flexible working arrangements if needed |
Once an employee becomes pregnant, it is advisable for her to inform her employer as soon as she feels comfortable doing so, to plan her maternity leave and ensure she is entitled to all the rights and benefits under UAE law.
The woman usually begins her leave a few weeks before her due date, but she can also choose to work nearer to her due date and have more time off after the baby is born.
When it comes to working hours after maternity leave in UAE, these remain the same as before leave, with an additional provision. The mother has the right to two breaks per day for nursing her child during the first 18 months after birth, showing that the laws are adapting to sustain a work-life balance for working mothers.
Benefits and Provisions for Expectant Mothers
1. Medical Benefits during Maternity Leave
Working mothers are entitled to a host of medical benefits during their maternity leave period in the UAE. For the duration of the leave period, mothers have the right to free medical and surgical care, including pre and postnatal care. Employers also usually provide health insurance that covers prenatal and postnatal medical care. However, the type, the extent of coverage, and the medical facilities included will depend on the employer and the specific terms of the health insurance policy. Thus, it is essential for expectant mothers to discuss these parameters with their employers or directly with the insurance provider.
2.Job Security during Maternity Leave
The law in the UAE protects a woman’s employment during maternity leave. Her job remains secure, and she cannot be made redundant or fired during her maternity leave unless there’s a valid reason that doesn’t pertain to her pregnancy, maternity leave or childbirth. This reassurance of job security adds to the assurance that financial stability will be maintained throughout the pregnancy and post-birth stages.
Post-Holiday Maternity Allowance
Understanding the Post-Holiday Maternity Allowance
Post the 45 days of full-pay maternity leave, a woman is entitled to up to 100 days of unpaid leave if she falls ill due to pregnancy or delivery. This allowance stems from the recognition that complications might arise during or post-pregnancy, and women should not feel pressured to return to the workforce before fully recuperating.
Impact on Salary and Job Tenure
Despite the maternity period being followed by a period of unpaid leave, this does not affect a woman’s job tenure as she continues to be considered in-service for the entity. However, she will not receive a salary during these extra 100 days.
Impact of Maternity Leave on Career
1.Career Progression Post-Maternity Leave
Coming back to the workforce after maternity leave might seem challenging for many women. However, a study by the Ministry of Community Development indicates that UAE women workers are stating their experiences have improved in recent years with more understanding and flexibility from their employers. Many are able to return to their job role and continue their career progression seamlessly.
2. Addressing Biases and Stigmas
Though there might still be biases and stigmas released to maternity leave in some areas, these are also gradually dissipating. With the evolving cultural narrative and the government’s supportive stance on working mothers, the future promises better inclusivity for women returning to work post-pregnancy.
Counterpart Paternity Leave
Paternity Leave in UAE
For a while, the discourse around parental leave circulation around women. However, in 2020 the UAE Federal Law was revised to introduce 5 days of paid paternity leave. This is applicable for men working in the private sector whose wife has given birth, thereby encouraging shared responsibility in nurturing the newborn.
Impact and Perception of Paternity Leave
Although a new concept, the introduction of paternity leave is a testament to the progressive labor regulations in the UAE. It highlights the importance of a father’s role in early parenthood and translates into a practical step towards gender equality in the private sector.
Concluding Thoughts
The Importance of a sound Maternity Leave Policy
Understanding the detailed dynamic of maternity is the critical first step towards securing the rights of working women in the UAE. The policies governing maternity leave are not merely a facilitation for the woman but form the basis of supportive family structuring in society.
The Road Ahead for Maternity Leave in the UAE
As society evolves, it’s likely that we’ll see further enhancements to parental leave policies. By keeping abreast of these evolving labor laws, both employers and employees can prepare for and embrace these positive shifts.
FAQ Section
How long is the maternity leave in the UAE for the private sector?
Maternity leave in the UAE for the private sector is 45 days with full pay provided that the employee has completed a year of continuous service with the employer.
What if an employee hasn’t completed a year of service, do they still get maternity leave?
Yes. If an employee hasn’t completed a year of service, they are still entitled to 45 days of maternity leave, but with half pay.
Are there any additional leaves post the maternity leave period?
Yes. The UAE law allows an additional non-paid leave of 100 days post the maternity leave, provided it is supported by a valid medical certificate.
Does maternity leave impact an employee’s career progression?
No, maternity leave does not impact career progression. A woman has the right to return to her former job position post her maternity leave.
Is paternity leave also allowed in the UAE?
Yes, the UAE introduced 5 days of paid paternity leave in the private sector in 2020.
