Ask the law: Piece-work employee seeks clarity on maternity leave

Get exclusive content with Gulf News WhatsApp channel

I would advise the following:

You have the right to request for maternity leave since you are working for the company with an official employment relationship. The female worker, according to Article (30) of the Federal Law no. 33 of 2021, shall be entitled to a maternity leave of (60) sixty days, according to the following:

a. The first (45) forty-five days with full wage; and

b. The following (15) fifteen days with half wage.

You shall be also entitled to the annual leave because the employer, according to Article (29) of the above mentioned law, may not prevent the worker from benefiting from his annual leave accrued for more than two years, unless the worker wishes to carry it forward or receive a cash allowance for it, in accordance with the regulations in force at the establishment and the Implementing Regulation hereof.

Moreover, being on a maternity leave or absent from work as mentioned in Article (30) shall not prejudice the female worker’s right to obtain the annual leave.

The wage of both leaves will be calculated on the same method of Calculating the Wages of Workers on Piecework Basis stated in Article 23 of the law (“The daily wage of workers who receive their wages on piecework basis shall be calculated according to the average amount the worker received for the actual working days during the (6) six months preceding the request or claim regarding any issue related to the wage.”)