Question: What maternity leave is a female employee entitled
Answer: A working woman is entitled to 45 days maternity leave
with full pay which includes the period before and after the delivery,
provided she has served continuously for not less than one year. The
maternity leave is granted with half pay if the woman has not
completed one year of service.
At the end of the maternity leave, a working woman has the right to
extend her maternity leave for a maximum period of l0 days without
pay. This unpaid leave can be continuous or interrupted, if the
interruption is caused by illness which prevents her from coming to
work. The illness must be confirmed by a certified government
physician licenced by the competent health
Maternity leave in either of the above cases is not deducted from any
other leave that a female employee is entitled to.
During the 18 months following delivery, a female employee who nurses
her child has the right to have two daily intervals which do not
exceed half an hour each for the purpose of nursing her child. These
additional intervals are considered part of her working hours and no
deduction in wages can be made.
Paternity leave is not provided for under the Law.
Question: My wife recently joined a medical centre. As
per her contract, she cannot get pregnant for 18 months after joining
work. Is this legal? Can they deny us our basic right?
Answer: Maternity leave refers to taking time off after birth.
A woman’s rights, when it comes to pregnancy and infant care, are
addressed by Federal Law No 8/1980, the UAE Labour Law.
Article 30 of the UAE Labour Law provides 45 days’ maternity leave
with full pay which includes the time before and after delivery,
provided her employment duration is not less than a year.
However, if the employment duration is less than a year, she is
entitled to the same maternity leave with half pay. Furthermore,
Article 7 states that any condition mentioned in the employment
contract which is inconsistent with the provision of this law shall be
deemed null and void.
Therefore, the condition as mentioned in your wife’s contract that she
‘cannot get pregnant for 18 months after joining work’, is null and
void. Thus, it is your wife’s legal right to avail 45 days’ maternity
leave with full pay if she has completed one year. Otherwise, she is
entitled to 45 days leave with half pay. (KT)