Ask the Law: Is an employee entitled to maternity leave during probation?

Right to maternity leave

Question: I have been working in a private company for four months now. Under the new Labour Law in UAE, am I entitled to maternity leave during the probationary period? What are my rights during maternity leave? Is maternity leave granted only once?

Answer: According to Article 30, Clause 5, of the new Labour Law, the employer shall grant a female employee maternity leave upon her request at any time, starting from the last day of the month preceding immediately the month in which she is expected to give birth, and this shall have to be supported by a certificate issued by the medical authority, stating that the delivery took place six months or more after pregnancy as per Clause 5 of the same article.

Maternity leave is not a one-time leave

The rights an employee is granted under Article 30 of the law are: 1) The female worker shall be entitled to a maternity leave for 60 days, according to the following conditions:

A. First 45 days with full wage; and

B. Following 15 days with half wage.

2) A female worker may, after using the maternity leave, be absent from work without a wage for a period not exceeding 45 days, continuously or intermittently. If this absence is due to her sickness or her child’s sickness, resulting from pregnancy or childbirth, which does not allow her to return to her work. Such sickness will have to be supported by a medical certificate issued by the medical authority. This period shall not be included within the service term, for which the female worker is entitled to end-of-service benefits or the period of contribution in the retirement scheme in accordance with the legislation in force in this regard.

3) The female worker shall be entitled to maternity leave as mentioned in Clause 1 of this Article, if the delivery took place six months or more after pregnancy, whether the foetus was born dead or alive or died post-delivery.

4) If the female worker gives birth to a sick child or a child of determination, whose health requires a constant companion and monitoring, according to a medical report issued by the medical authority, then she shall have the right to leave for 30 days with full pay, starting after the end of the maternity leave and she shall have the right to extend that leave for a period of 30 thirty days without pay.

5) The employer shall grant the female worker maternity leave upon her request at any time, starting from the last day of the month preceding immediately the month in which she is expected to give birth, and this shall be proven by a certificate issued by the medical authority.

6) Being on maternity leave, as mentioned in this Article, shall not prejudice the female worker’s right to obtain the other leaves.

7) If the female worker works for another employer during the period of her leave as authorised in this Article, then the original employer may deprive her of her wages for the leave period or redeem what was paid to her.

8) It is not permissible to terminate the service of a female employee or notify her of the same because of her pregnancy. Being on maternity leave or her absence from work is in accordance with the provisions of this Article.

9) After returning from maternity leave and for a period of not more than six months from the date of delivery, the female worker shall be entitled to one or two breaks per day to breastfeed her child, provided that the two breaks do not exceed an hour.

Unpaid debt

Question: A year ago, I gave a person an amount as a loan, according to an agreement in which it was mentioned that the debtor was obligated to return the money within six months. However, he is currently refusing to return the money. Is there a quick way to claim the money before the court? Is it possible to prevent the debtor from travelling before a lawsuit is filed against him?

Answer: You can file a payment order, which is an exception to the general rules for filing cases before the Court of First Instance according to Article 62 (1) of Cabinet Resolution No 75 of 2021, Amending Certain Provisions of Cabinet Resolution No 57 of 2018, which provides that Payment Orders shall be applied if the creditor’s right is evidenced, electronically or in writing, is immediately due, and the entire claim consists of a debt of a specified amount or a movable asset of a specific type and quantity. Article 62 (1) stipulates that in such cases, the right holder should be a creditor holding a commercial paper (such as a promissory note or a cheque) or the financial claim relates to the enforcement of a commercial contract.

Payment Order process

However, Article 62 (3) confirms that the Payment Order process shall not preclude a creditor from claiming compensation or interest or seeking any precautionary measure. The creditor must serve upon the debtor a demand to pay the amount due within a prescribed time limit of at least five days (Payment Demand). The Payment Demand may be served by any means specified within Cabinet Resolution No 57 of 2018. Once the time limit for that order has been crossed without any payment being made, an application for a Payment Order may be filed before the Payment Order Judge. The application must include the details of the claim in the ordinary course, but must also attach the debt instrument and evidence of the Payment Demand.

The Payment Order shall be granted within three days of the application being filed and must indicate the amount to be paid by the debtor. Pursuant to Article 64, as amended by Cabinet Resolution No 75 of 2021, if the application is denied, the court is required to issue a reasoned decision. If the decision is relating to the enforcement of a commercial contract, a reasoned decision must be issued in all cases.

Travel ban

The creditor has the right to ban the debtor from travelling if the debt amount is Dh10,000 or more and the court may issue an order for a travel ban based on its estimation, upon satisfaction of some conditions, such as the existence of a reasonable fear that the debtor may run away without paying the debt and the debt should be definite, due and unconditionally payable.