Ask the Law questions are answered by lawyer Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants
Maternity Leave
Question 1: I have been working in a company for five months on probation period. I am eight months pregnant at present. I applied for maternity leave and asked them about my dues. The company stated that in accordance with the Labour Law I am not entitled to any dues during maternity leave, as I have not completed my six-month probation period in the company. My company also mentioned that they are going to cut the maternity leave period from my annual leave.
My question is what are my rights as per the UAE Labour Law? Please advise.
Answer 1: I would like to clarify to the questioner that she has the right to get maternity leave and dues even if she has not completed the six-month probation period as mentioned in detail in article 30 of UAE Labour Law Federal Law No 8 of 1980 which states: “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 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 women’s work or confinement.
The leave period in the preceding two paragraphs shall not be deducted from other periods of leave.”
Question 2: I work in a company and I would like to know my rights in terms of official holidays with full pay. For two years we used to get only Eid holidays and Fridays only with full pay and we do not get other holidays. Please mention such holidays in details as per the new UAE Labour Law in case there is any changes.
Answer 2: I would like to clarify to the questioner that official holidays with full pay are mentioned in details in the Labour Law’s article 74 which states: “Each worker shall be entitled to official with full pay on the following occasions:
1. New Year’s Day (Islamic new year-Hijri): one day
2. New Year’s Day (January 1): one day;
3. Eid Al Fitr: two days;
4. Eid Al Adha: three days;
5. Birthday of Prophet: one day;
6. Al Isra’a Wal Miraj: one day;
7. National Day: one day.
