A reader from Dubai asks: My wife is currently working in a company and she is in the sixth month of the probation period. She is also on the ninth month of pregnancy. The company, however, told her that she may take unpaid maternity leave since she is still in the probation, and a pregnant woman is entitled to maternity leave with pay if she has spent one year of continuous work. Please advise me in this regard, and what is the right of my wife as per the Labour Law.

I would like to tell the questioner that Article 30 of the Labour Law states the following: "A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employer's service for a continuous period of not less than one year.

If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay.

"On the expiry of her maternity leave a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work and if the illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the woman's work or confinement.

"The leave provided for in the preceding two paragraphs, shall not be deducted from other periods of leave."

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants