Understanding Maternity Leave Rights Under UAE Labour Law: What Female Employees Should Know

Maternity leave is a crucial privilege that allows working women to combine their professional obligations and personal milestones. In the UAE, this right is protected by Labour Law, which ensures that female employees are entitled to maternity leave regardless of whether it is specifically included in their employment contracts. Here's a complete look at how maternity leave is governed by UAE labour law.

Legal Foundation of Maternity Leave in the UAE

The UAE Labour Law expressly defines maternity leave entitlements for female employees. According to the most recent amendments under Federal Decree-Law No. 33 of 2021, working women in the private sector are entitled to 60 calendar days of maternity leave, regardless of the terms of their employment contracts. This includes:

• Fully Paid Leave: The first 45 days are fully paid.
• Half-Paid Leave: The next 15 days are compensated at 50% of the salary.

These provisions ensure that all female employees, whether on permanent, temporary, or part-time contracts, are covered under this mandate.

Eligibility Criteria

To qualify for maternity leave, an employee must meet the following conditions:

1. She must be employed in the UAE under a valid labour contract.
2. The leave can be availed before or after childbirth, providing flexibility to expectant mothers.

Rights Beyond Maternity Leave

In addition to the standard leave, the law also provides:

• Extended Leave: An additional 45 days of unpaid leave if the mother faces postnatal health complications or if the child has a disability. A medical certificate must support this request.
• Breastfeeding Breaks: Female employees are entitled to two paid breaks per day, lasting up to one hour each, for breastfeeding. This benefit is valid for six months after childbirth.

Applicability to Contracts Without Maternity Leave Clauses

Even if a maternity leave clause is missing from an employment contract, the law takes precedence over it. Employers are legally required to follow these regulations, as the UAE Labour Law states that these rights cannot be negotiated or excluded.

Penalties for Non-Compliance

Employers who fail to comply with maternity leave requirements may suffer legal consequences, including fines and reputational damage. Employees can register a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) if their rights are abused.

Why Choose Legal Support for Employment Disputes?

Understanding maternity leave rights and ensuring compliance with labour laws can be complex for both employees and employers. Legal experts can assist with:

• Clarifying labour law provisions.
• Resolving disputes related to maternity leave.
• Advising on employee rights and employer obligations.

Conclusion

Maternity leave is an important legal privilege for female employees in the UAE, ensuring their well-being and financial stability during a life-changing event. This entitlement is guaranteed by UAE Labour Law, whether or not it is specified in a contract, and it protects working mothers' interests.