Ask Gulf News: Can UAE companies terminate employees on maternity leave?

Dubai: A female employee was on maternity leave and is scheduled to return to work at the beginning of September. The company intends to terminate her employment because her position has become redundant. Can the company legally terminate her employment while she is on maternity leave?

Answer: According to Article (30) of law, it is not permissible to terminate the service of the female worker or notify her of the same because of the pregnancy, having a maternity leave or her absence from work in accordance with the provisions of this Article.

Furthermore, Article (35), provides that (If either party to the employment contract wishes to terminate the contract in accordance with the provisions of this Decree-Law and its Implementing Regulation, while the worker is on the leave, the validity of the notice period agreed upon in the employment contract shall not begin, except from the day following the day scheduled for the worker’s return from the leave, unless both parties agree otherwise.)

Based on the above, although the intended reason for termination is the redundancy of the position rather than the employee's maternity leave, serving notice during the maternity leave may create legal risks. In any event, the notice period would not commence until the day after the employee's scheduled return to work.

So, in order to avoid the risk of any allegation that the termination is connected to the employee's maternity leave, it is better that the employer issue the notice of termination on the employee's first scheduled working day following her return from maternity leave.