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Does UAE Labour Law Guarantee Maternity Leave for Female Employees, Even If Their Contract Doesn't Include It?
The UAE Labor Law is dedicated to safeguarding the rights of workers, with a specific emphasis on the welfare of female employees during maternity.
Even when maternity leave is not explicitly specified in some employment contracts, the comprehensive provisions of Article 30 and Article 65 in the Federal Decree-Law No. 33/2021 explicitly outline the entitlements of female workers to maternity leave. This legal framework goes beyond mere contractual agreements, establishing a protective and supportive environment for female workers in the UAE.
Article 30 - Maternity Leave:
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- Female workers are entitled to a maternity leave of 60 days, with the initial 45 days at full pay and the subsequent 15 days at half pay.
- After exhausting maternity leave, a female worker may cease working without pay for up to 45 continuous or intermittent days due to illness related to pregnancy or childbirth. This period requires a medical certificate.
- Maternity leave is applicable if childbirth occurs after 6 months of pregnancy, regardless of the fetus's condition. In the case of giving birth to a sick or disabled child, the female worker is entitled to an additional 30 days with full pay and the option to extend for another 30 days without pay.
- The female worker has the right to request maternity leave at any time from the last day of the month preceding the expected month of delivery, supported by a medical certificate.
- The law explicitly prohibits the termination or warning of termination due to pregnancy, maternity leave, or absence from work under the provisions of Article 30.
- Upon returning from maternity leave, and for a period not exceeding 6 months from the date of delivery, a female worker is entitled to one or two rest periods per day for breastfeeding, each not exceeding one hour.