Maternity Leave as per UAE Labour Law

Maternity Leave in UAE

[junkie-alert style=”yellow”] UPDATE: Mothers in Sharjah(visa in Sharjah) will be granted 60 Days of paid leave as per the new rule approved by Sharjah Executive Council. [/junkie-alert]

[junkie-alert style=”green”] Federal Government employees get 3 month Maternity Leave: Khaleej Times [/junkie-alert]

[junkie-alert style=”green”] As per the latest release, Dubai Government employees are eligible for 3 months maternity leave. Please Read: Please read. [/junkie-alert]

The number of days given as maternity leave varies between the private sector and public sector and the working conditions (HR Policies) set up the company. When compared to other countries maternity leave benefit in UAE is bit shorter.

maternity leave

As per the Federal Labour Law UAE Article (30), a working women is entitled to maternity leave with full pay for a period of forty five days(45 Days) including the time before and after delivery, provided that her continuous period of service with the employer is not be less than a year(1 year). But if a working woman has not completed the said period, the maternity leave shall be with half pay.

A working woman, on the expiry of the maternity leave, may discontinue to work without pay for a maximum period of one hundred(100) consecutive or intermittent days if such absence is due to illness which doesn’t enable her to resume work. Such evidence shall be evidenced by a medical certificate issued by a medical authority attested by the competent health authority or endorsed by such authorities to the effect that the illness resulted from pregnancy or delivery.

Leave provided for in the preceding two paragraphs shall not compute as part of other leaves.

As per the Article (31), in addition to any prescribed rest period, a working woman nursing her child shall, during the eighteen months following the date of delivery , be entitled to two additional breaks each day for this purpose , neither of which shall exceed half an hour (30 minutes each). Most of the companies do let you combine each 30 minutes into an hour an reduce the working hours by 1 hour per day for the first 18 months after rejoining work.

These two additional periods (1 hour daily) shall be considered as working hours and shall not cause any reduction of remuneration.

Whereas, the public sector initial maternity leave allowance is 60 days with full pay initially and with a further allowance of 100 days of un-remunerated leave thereafter.

It is essential for a mother to bond with her newborn for a longer time after birth. The child needs quality care, feeding and attention by the mother.

My Suggestions: 

Ministry of Labour should consider at least 90 paid leave as maternity leave to woman to be able to bond with their newborn as is a practice is many western and developed countries.

About Deepak 505 Articles
Deepak is a passionate blogger with interests in bitcoin, online marketing, and writing.

275 Comments

  1. hi,
    I am on company visa on limited contract for 2 years completed 1 year and 1 month. but now they are asking me to resign as there is no more work for me in the future since they are closing the facility. i am pregnant now and only 3 weeks for my delivery, it seems they dont want to pay me my maternity benifits, what shall I do?

  2. Hi Deepak,

    As mentioned in the post nursing mothers are entitled to daily 1hr breaks till 18months, but my employer(who is a big brand in UAE and worldwide) came back to me stating that I’m allowed 6months of reduced working hours which is not correct. What can I do in order to correct this wrong info given by my employer, will approaching in legal way help me?

  3. Hi, I’m 8 months pregnant now and applied for my maternity leave from 7th of October which is sanctioned. I was offered this job in October 2016 and signed therein. But i got my Visa on December 25th and i joined the company on 28th of December 2016. Immediately after a month of joining i realized i was pregnant but i continued working. So now its considered as i’ve not completed a year of service and i will be paid half of the salary. I want to know if i’m not eligible to take my annual leave after completing one year of service because i’ve taken maternity leave before completing one year? and if i’m not paid for the annual leave? please suggest what i’m supposed to do.

  4. Hi, I am on my husband’s visa and my labor card is issued from Dubai. I am four months pregnant and has been terminated by the company during my probation period. Is there a law to safeguard the interest in such cases?

  5. Hi, My wife got a job, and later on we realized that she is pregnant and she is on a 3rd moth. Her probation is for 6 month, but she has to leave for maternity leave before her probation finishes. What will happen is such case? What we should expect from employer as per the policy?

    • What visa is she on? Does she have a labour card.
      Before one year of service, your wife may not be entitled for full maternity benefits.

  6. I think a mother is a mother whether working for a government company or a private one. So why the discrimination. India has granted 6 months maternity.

    If India can UAE can too.

    A new born needs the mother not a nanny and a mother has to work due to valid financial reasons to support the family. If I had a choice I would be taking care of my family instead of working.
    Companies need to have a complimentary nursery facility for breastfeeding mothers so their babies can stay close to the workplace.

    It is very sad we still live in the world of discrimination.
    I would like to plead to the UAE government to grant longer maternity leave for all company types.

    Thank you

  7. Hello! I have been working in the company for the last 3 month and became pregnant, my probation period 6 months and I am going to deliver January before completing 1 year. My question is:
    1. Can they refuse to accept me to work with them as long as I didn’t finish probation period?
    1. Will company allow me to leave to my another country on the period of 32 weeks?
    2. Will it be paid?
    Thanks

    • 1. No they can not refuse.
      2. Yes they should let you take leave for 45 days before and after delivery.
      3. But since you are less than 1 year in the company, you are entitled for half pay.

  8. Hi Deepak,

    I am working in a company for a year already and have taken my maternity leave 3rd of January. I have asked my boss if I can include my annual leave to my maternity leave because I have given birth 3 weeks after my leave and I didn’t have time to heal. Still, I took 90 days leave which includes my maternity leave (45) days. Until now, he hasn’t paid me my maternity leave and we considered the additional 45 days of my leave as unpaid. I emailed them and got no response. There are 3 partners in this company and I am their only employee. What shall I do? I really need your advice. Thanks you.

    • I recommend you to read the article and understand.
      You must be paid the maternity leave and you could also combine it with annual leaves.

  9. Hi.
    I would like to ask if there is a law stating on how the maternity being used? like for example, that it should be taken in a row.
    Thank you
    Mary

  10. Hi. Are nursing moms allowed to leave an hour early (Federal law no.8 of 1980 article 31) even during the month of Ramadan?
    My wife’s company is not letting her leave early during Ramadan stating “its already reduced hours”. For the record, their working hours during Ramadan is 9am to 4pm.

  11. Hi. Are nursing moms allowed to leave an hour early (Federal law no.8 of 1980 article 31) even during the month of Ramadan?
    My wife’s company is not letting her leave early during Ramadan stating “its already reduced hours”. For the record, their working hours during Ramadan is 9am to 4pm.

    • Hi Pooja,

      unfortunately, this is not yet applicable to private sector.
      I hope this will soon be implemented even for private sector.

  12. Hi… if a teacher’s maternity leave falls during annual summer vacation will she get the maternity leave over and above the vacation which is a earned leave as per the bylaws.

  13. Hi , I have a doubt regarding maternity …. If a female employee didn’t complete 6 months probation period , is she eligible for maternity leave ?

  14. Dear Sir
    I am working in Jebel ALi FreeZone and employee of a private company.My family lives in Pakistan. We are expecting to have a baby in 3rd week of June.Can you please tell me how many days parental leave I can avail and how long it is going to valid?

  15. Sir, I have taken maternity leave plus 30 days annual leave and thereafter company accepted my leave extension request for 1 more month as well. But just before my joining date company issued a redundancy notice. So far they didn’t pay my maternity leave salary. Also there is no one month notice. What benefits I can ask for. Please help

  16. Dear Sir,

    We hired a staff who has a 4 month old baby. is she entitled for feeding break time of 1 hour per day even she is still in probation? Is feeding benefit applicable for her as newly joined staff and until when she can avail of this benefit?

  17. Hi! I’ve been working with a company for more than 5 years. I am 6 months pregnant now. I resigned from work as soon as I found out that I’m pregnant. I informed my MD that I will work till my 7months. I am currently training my replacement (for two months). I just want to know if I am still entitled for Maternity Leave Salary as per UAE Law.

    Your immediate response will be highly appreciated.

  18. Hi! I am currently 6months pregnant now. I already resigned from my job and currently training my replacement. I’ve been working with this company for more than 5 years now. When I found out that I am pregnant I immediately approach our MD that I will resign from my job on my 7th month. So I want to know if I am still entitled with Maternity Leave Salary. Kindly give me advise and confirm.

    Your immediated response will be highly appreciated.

  19. Hi Deepak, i want to consult you regarding our employee who’s availing her maternity leave. She started her leave 18 days before her delivery due to her unstable condition as advised by the doctor. She haven’t completed her 1 year of service in the company 23 days before and after delivery. And she’s claiming her 45 days maternity should be at the start of her delivery and she also want to get her annual leave but in fact she didn’t yet completed her one year that time. What we have to do. How much leave we will give her half pay and full pay on maternity leave and do we have the right to take decision if the we will give her annual leave or not since she’s still not completed 1 year.

  20. Hi Deepak, i have one doubt regarding my Maternity pay. Now i am in my 8th Month of pregnancy. I will take my Maternity Leave starting from May 1st 2017. Before that From april 1st 2017 onward my annual leave will start. My joining date to my company was May 2016. My company said to me yr not eligible for full payment for Maternity Leave like that. But From May 2016 to April 2017 my 1 year will complete. Please suggest me on this. am i eligible for full pay ? reply on my mail id. waiting for your reply

    • Hi Nadhiya,

      since your maternity leave starts from May 2017 (after 1 year of completion), your company is supposed to pay you full salary for first 45 days.

  21. After the 45 days maternity leave, it was mentioned that staff can extend up to 100 days. But I have read somewhere that it can only be extended to 10 days. Is it 100 days for public sector and 10 days for private sector?
    I am working in a school.

  22. Dear Sir,
    I was working as a asst. accountant in my company and then my team promote me to sales department as a key account manger.
    I got pregnant after 1 month of promotion & I asked them to keep me in previous position.because with sale job i was getting so much problem and much difficulties.
    But now my company management forcing me continuously to do the sales job other wise i have to leave the job.

    So Please kindly advice me , what I have to do in this kind of situation.

  23. I would to ask you for some clarification regarding materninty and annual leave, I was pregnant last 2015, I ask my company for a maternity leave, they give me annual leave , I receive my annual leave pay. I take my leave from 11 march 2015 to 19 June 2015. I rejoined my duty 20 June 2015, I didnt receive my maternity pay. Now I am
    Asking for my Leave on May 10, 2017.. They said to me you 10 days only my leave balance, my question is i didnt receive maternity benifits in my company. They said to me I already use my leave balance for my last vacation. Thats why you 10days left. My maternity should be minus in my annual leave or no?

  24. I have a question. What does the law stipulates for the 9 months pregnancy period? Are you still being paid basic salary during this time? Or there is any point in the law that can allow the employer to send you on unpaid leave during the 9 months pregnancy?

  25. Hello, I deliver last January 1, 2017. I take my materntiy leave December 11, 2016 because it’s my full term already. Then 25 days after my delivery time they call me to go back to work. Supposed to be i’ll be having 3months rest after delivery, right? I don’t have yet 1 month aftery my delivery time when they call me to go back to work January 26, 2017. And now I am asking also if they will pay my 45 days but they just answer me it’s not sure if my company will pay for it. Please help me what will I do to get my the payment of my maternity leave. Thank you.

    • Mhars, did you get official maternity leave from your company signed off before you went on your maternity leave? Usually companies do allow you to combine maternity leave with annual leave. You will need to speak to your company to get better insight.

  26. I delivered on Saturday 11.30 P.m.Please let me know when does the maternity leave start from?Does it start from Saturday or Sunday?

    • Hi, your leave would start when you deliver usually. But some take maternity leave before the actual delivery and this will be calculated as part.

  27. Hi,im working in abu dhabi,2008 i was hired know im 9years in my company.I get married 2010 but im still working,after that i was pregnant my company did not paid my firts maternity but to my 2nd they pay again in y 3rd they did not pay after that in my last one they pay me,wht they did is alternate,In the law do i have a right for my maternity leave .Because i was pregnant four times,bec i was read as long as you will stay more than one year in the company we are entitle for maternity leave,give an advice regarding my situation,just want to know my right.
    Thank you

  28. Hai Deepak,iwant to ask you regarding my maternity leave.i am working in a hospital since7 years .in 2014 I took maternity leave.they given 3 months leave without pay.Then again I extended leave for 3 months. with permission of company.they didn’t pay any amount to me.now I am leaving from company.now i am eligible to get that amount or not.suppose if company not agreeing to pay what I have to do. Please give a reply

    • the law change for the maternity leave 3 month is applicable for non local mothers
      my due date for this month last 30 jan 2017,whethere i am eligible for 3 month maternity please reply

    • Hi Anusree, you should be paid full for 45 days of maternity leave. Please read your eligibility in the article.

  29. i want to know the procedure for cancelling the adec approval and getting experience letter.
    i worked in a school but left job suddenly due to emergency.now i want them to cancel my approval but they are stressing me with this issue,kindly need your help.guide me through full procedure

  30. Hi Deepak,

    I hope you can help. My wife works for a difc/dfsa regulated company. She has accrued 15 days annual leave plus almost 2 years of eosb. Her maternity leave finishes in 2 weeks and she has decided not to go back to work.

    Her employer has asked her to pay them 3 months salary which is her notice period. Is she standard practice?

    Thank you in advance.

  31. Is Maternity Insurance benefit mandatory to be provided by employer in Dxb / Shj visa?

  32. last 26 th augsust i want to hospitel because i got labour pain and they find out that my 36 weeks baby with no heartbeat inside my tummy.. i was inuduced to have normal vaginal delivery .I got marenity leave certfcate from the hospitel.but my quation is i am entitled to have maternity leave ori not entitled to have maternity leave as 45days with pay?

  33. I am working in branded institution . I am pregnant now . In this time , they can terminate me from my office .

  34. Hi Deepak,

    The 45 days maternity leave also covers pre-natal check up during 3- 8 months of pregnancy? Can they declare
    their pre-natal check up as part of their sick leave and not maternity leave?

    Need your reply asap. thanks..

  35. Hi,
    My question is my wife working in company since 6 years same company she delivered baby on 13 may 2016 but she applied leaves since 13 of march up to 27 july 2016 & resumed job on 27 july 2016 my question is if she resigns from her company will company liable to deduct all her benefits & salaries during delivery please reply at your earliest.
    will be highly appreciated

  36. Hi mr.deepak i am a married woman wid 1 kid wid my first husband. I am a filipina my husband abandoned us almost 6 yrs ago. Now i am living wid my second partner in d philippines and i got pregnant during my vacation i went back to my country to deliver. Now i am trying to claim my maternity pay as i am on ml for 45 days. In my country there is no divorce only anulment but d issue was u have to pay a huge amount of money to pay which i coudnt afford at the moment and its still depends whether the other party will cooperate and in my case my ex i coudnt find wer he is so me my second partner decided to have baby even i am still maried wid my ex in paper. Am i still entitled to ml?in my country they consider it.how bout here in dubai do they?or its still depends on my company.

  37. hi Deepak!

    last month we found out that my 6mos baby with no heartbeat inside my tummy.. i was inuduced to have normal vaginal delivery of my stillborn baby. I had 30 days sick leave certfcate from the hosptal.. when i came back to work my manager told me that company is just supposed to pay my 15 days sick leave but just to have consideration as i was with the company for almost 3years our boss decided to pay my 30days sick leave. my question am i not entitled to have maternity leave as 45days with pay? and not that sick leave as i deliver my baby already 6months but unfortunately stillborn..😔

  38. Hai,

    I joined in a company on 15/02/2015 and I delivered on 10/01/2016. But prior to my delivery, because of some complication doctor strictly advised me to take complete bed rest . So I was on LOP (Loss Of Pay ) from 10/12/2015 to till my delivery (10/01/2016) and continued my maternity leave till 24/02/2016 (45 days) also due to cesarean complications I extended my leave for 15 more days and rejoined on 12 march 2016.

    My question is.

    1 My company did not pay any maternity benefit (salary ) saying that I didn’t complete one year when I delivered? So Am I eligible for any salary ??

    2. Also when I applied for my annual leaves company rejected my request saying that I taken many LOP (Loss of pay) leaves in this period ,So as per the labour law company is not liable to give annual leave or annual leave salary. Now company is not giving annual leave or leave salary eventhough I completed 1 year and 3 months with the company.

    So please advise me that, am I eligible for Annual leave?

  39. Hi Deepak,

    I had an unfortunate situation that I lost my child during my second trimester and was advised to take rest for a month. I would like to know if I’m eligible for the pre-natal maternity leave of 45 days(Fully paid).

    Looking forward to your earliest response.

    TIA

  40. I am working as HR person in a firm in Dubai. One of the staff approached me that she would like to claim her 45days of maternity leave in her second month of pregnancy (as she is unable to bear morning sickness). what does the law say, can she demand for maternity leave during any phase of maternity?

    What if she resigns when she gets her maternity leave approved from her manager? She will definitely need to serve her notice period?

    further how will her gratuity be calculated, she has completed 2 yrs in the company?

    regards,
    Koel

  41. Hi Mr Deepak good day im working as a cashier in outlet bar inside the hotel im under immigration visa im 26 weeks pregnant im almost 2 years in our company. Suddenly the owner told us that the bar was closed because of the bankcrupcy but we dont have 1 month prior notice that the bar will gonna close. after that the owner called us for the settlement they give us the calculation of our benefits annual leave one way ticket and gratuity. When i asked him how about my maternity leave pay he said he will not give me the maternity leave pay because it was not his fault that im pregnant and he said im thankful to him because he didnt terminate me since he knows im pregnant.
    My question is if i am still entitled to get my maternity leave if the company was already closed due to bankcruptcy? What should i do now sir? Pls help me in this situation. Thank u

  42. Can a employer terminate a employee if she doesn’t join back the company after the 100 additional days of NO PAY leave ?

  43. Hi Deepak,
    I am a teacher in a private school since 2012. Now that I am pregnant I want to avail my maternity leave 45 days before my dew date given by my doctor as my dew is already in my summer vacation. Is it possible to do so . In this case do I miss of getting my maternity just because it fall in my summer vacation? Need your guidance.

  44. Hi deepak
    I work in sharjah and have my visa also from company. I joined last year October. Now I’m on maternity leave. But my employer does not agree to give me half paid 60 days leave instead they are giving me half paid 45 days leave. They say as per UAE labour law book States it’s 45 days only and it’s no where written in the law book that it’s 60 days . can u help me

  45. Dear,
    Can you please guide me that i start working on 22-03-2015 on 1st oct 2015 to 1-dec-2015 i went for vacation for 2 month maternity leave but i did not join on time because of late delivery on 23-dec-2015 i informed through email that i cannot join because of late delivery in reply company extend my leave. now they want to terminating me under article 120 (10. If he absents himself without lawful excuse for more that twenty intermittent days or for more than seven successive day during one year.) can you please guide me about my rights and about my settlement???

    Thanks

  46. Dear sir
    I was suffering with chikenpox from 1st of February till 14th of February. I already informed my company regarding the matter and given sick leave documents. And now when I receive my salary they deduct the 14 days salary. It is common sense that it’s communicable disease. When I ask my manger he said as per labour law only 3 days sick leave itseems. Please give me a proper advice.
    Thank you.

  47. Hi Deepak, I am working in a company from past 10 months. I am 3 months pregnant and broke the news to my employer a month ago. Since then I am not getting any support from my employer like delaying of approvals which results in delaying my work deadlines. My boss keeps on rejecting my work and keep delaying my meetings. The workplace has become very demotivating. I feel that they want to terminate me giving reason of my inefficiency. What should I do?

    Read more: http://emiratesdiary.com/job-tips/maternity-leave-per-uae-labour-law#ixzz40UtjvyMQ
    Follow us: @deepakmachado on Twitter | emiratesdiaryuae on Facebook

  48. Hi deepak,

    Pls advice
    My company has send me termination letter stating dissolving my position, during my maternity leave.
    I took 3 months unpaid leave in addition to my 18 days paid and 45 days maternity leave
    In between this they send me such a news . What can i do, is this legal to terminate a women during her maternity leave

  49. Hi Deepak, i have just resumed back from my maternity leave and planning to resign. I came to know that my company says that i have to work for atleast 6 months after maternity leave and if i resign before then they will deduct my maternity benefits from my gratuity. Please confirm what does mol say about this.
    Thanks,
    Saima.

  50. Dear Mr.Deepak

    Im 32weeks pregnant i will gave birth here in UAE on March 22 2016 this is my due date,my question are,

    1. How can i file maternity before or after i gave birth?.

    2.how many days the employer should give to me as maternity leav?

    3. Can i file anual leave after my maternity leave?.

    • Marjery,
      1. You could keep your HR informed about your situation and that you would like to take maternity leave before and after the delivery. However, it will be 45 days as per law.
      2. 45 calendar days in dubai and 60 days in Sharjah. This is maximum. Anything above this is up to company as a fully paid maternity leave. Besides this, you also could avail maternity leave with half pay for up to 100 days.
      3. Yes, that is possible. Annual leave can be taken but I believe it is up to employer to accept. In most cases, they should approve this.

      • Hi Mr Deepak good day im working as a cashier in outlet bar inside the hotel im under immigration visa im 26 weeks pregnant im almost 2 years in our company. Suddenly the owner told us that the bar was closed because of the bankcrupcy but we dont have 1 month prior notice that the bar will gonna close. after that the owner called us for the settlement they give us the calculation of our benefits annual leave one way ticket and gratuity. When i asked him how about my maternity leave pay he said he will not give me the maternity leave pay because it was not his fault that im pregnant and he said im thankful to him because he didnt terminate me since he knows im pregnant.
        My question is if i am still entitled to get my maternity leave if the company was already closed due to bankcruptcy? What should i do now sir? Pls help me in this situation. Thank u

  51. Hi Deepak, I am working in a company from past 10 months. I am 3 months pregnant and broke the news to my employer a month ago. Since then I am not getting any support from my employer like delaying of approvals which results in delaying my work deadlines. My boss keeps on rejecting my work and keep delaying my meetings. The workplace has become very demotivating. I feel that they want to terminate me giving reason of my inefficiency. What should I do?

  52. My employer not yet approved my maternity leave because I told him that after I gave birth I will go to the Philippines. Do I still entitled to annual leave and maternity leave even though I will not renew my contract?

    Please help me. Thanks.

  53. hi,

    i have finished 2 years contract and gone for annual vacation and joined back company on 10 dec 2015 and informed company about my 4 month pregnancy but my management asked to discontinue the my service from same day as they will not entertain my maternity leave,

    please advise is this correct decision of management as per UAE labour law or i can seek any help because it will suffer me financial loss as i am comfortable in working.

  54. Sir I delivered my son last May 08 2015 and I dont have any idea that I can avail this kind of benefits here in UAE …my question is can I still avail this benefit even it’s been 7 months before I got to know about this?Who will pa for the benefits? how about the computation?Example my salary is 3000 how much would be my maternity?

  55. I am 4 months pregnant in my first baby. and my company will decided to cancelled me as soon as possible. because they don’t want to give any expenses. so the cancellation letter they send to me in the following days and they pushing me to sign it right away!! I call my boss , I ask why? he say (better you relax because your pregnant I will help you he added to me) then. ok I sign then after two days I ask him again because they already booked my ticket. and he say sorry I can”t give you anything because of your loan balance. and i feel mad. so my question is ? what should im gonna do?

  56. Hi i have joined my company on march 2015 aftr i started working i got pregnant and am in 7th month now. Please tell me can i ask hr to give me a break in service and latter aftr delivery aftr 3 r 4 months i could join back to work. Is there any such options??

  57. sir , I am working in a school as a teacher since 3 years in Dubai .I will be going to India for delivery. So can I take extra 6 days leave as casual leave along with maternity as I will be leaving to India before delivery and the counting for maternity leave starts then. So I will not get much time to spend with the new born. And are the weekends and spring vacation also included if the maternity leave comes at that period?
    Pls. reply

    • Khizra,
      Depends on the company policy whether they allow combining leaves.
      Most companies do allow this.

  58. HI
    I am 6 months and 2 weeks pregnant . i want to know what my benefit during the time by UAE law .do i need to work for
    9 hurs with break or i need to work 6hurs with out break . thank you

  59. HI
    I am 6 months and 2 weeks . i want to know what my benefit during the time by UAE law .do i need to work for
    9 hurs with break or i need to work 6hurs with out break . thank you

  60. I am an HR in a clinic we have one employee travelling for maternity leave , usually in my company we don’t give the transportation only basic and accommodation is given for the maternity can we do the same?

    • Saba,
      You could provide entire salary. However, it is up to your company policy.
      This should be clearly mentioned in the contract or your company policy.
      Why should you deduct the salary?

  61. Hi!!

    I received my offer letter on 22nd July 2015 but due to delay in visa process I recently joined my company in sharjah on 12th Oct 2015. I came to know that i am pregnant in September itself which was a surprise for me.

    I have taken visa from company also now and have not yet informed them that I am pregnant.

    What Should I do? Please Advice.
    P.S I have joined as a receptionist and my visa status is archive clerk.
    also i don’t want to lose this job.

    • Madiha,
      During medical check up they will know that you are pregnant and the company might withdraw the offer.
      It is better to be straight forward and inform them. I know the kind of pressure you would be going through.
      But, it is worth mentioning your situation.

      • Yeah just went for medical and emirates ID today and had to inform them after i came back. but with Allah’s grace there was no issue and they accepted everything. Good thing was that they gave me all the documents and payments and send me for medical on my own rather than coming along with me.

        thanks a lot for your response.

  62. Do you by chance know what type of medical condition should prevent woman to resume back to work and avail 100 days of unpaid?

  63. if one employee is due to deliver next week and she serverd termination today is she entitled to maternity pay

  64. Helo sir, just wana ask, Is it law that They have the right to decide wer i wil give birth? Either here in dubai or in phils?
    Who will decide for the starting date of maternity leave? The company or the pregnant woman?
    My area manager aproved already my maternity leave 2 weeks ago, but today he told
    Me that my leave is canceled and he wil alow me to take maternity, only after i giv birth he wil allow me? But my plan is to give birth in phils. Coz no one wil take care of my baby here while im working. & i already bought air ticket? If i wil not go on that date the airlines wil not allow me anymore to travel?
    If i still go to phils on oct 15, as the per leave aplication form that the are amanager aprov, because i am stil folowing theyre 1st approval, thats why the hr release my pasport, and it is my right to take my maternity leave, even last minute the area manager cancel my maternity, they can file a case against me? Like absconding? Even after 45 days i will come back ? Pls reply sir. Thank u so much.

    • Via,
      No, that decision is up to you where yo give birth to your child.
      It will depend on the medical condition of the pregnant woman.
      However, it is as per maternity leave in labour law.
      It is inhuman to do such things on a expecting mother.
      Since you have not many days, you could continue with your decision.
      Did you ask the reason for the backtrack of leave by your manager.
      I feel disgusted with such employers!!

  65. My friend is pregnant on her 7th month and will go home to Philippines to deliver her baby. She is requesting for her Maternity Leave pay but her employer said they will give her once she will come back from her delivery.
    Is it the right way to pay Maternity Leave? Because for Annual Leave pay, it is given before the said leave.

    • Chona,
      It is up to the employer to decide advance salaries. However, salary must be paid when due.

      • Respected Sir

        my wife got job offer from DHA and passed medical…..and other papers
        she s currently working a private medical centre… alhamdulilah recently she got preganant ..!
        is this will reject her offer and the job ? please let me know
        because her company will cancel on 24 th october 2015

        thank you for your time and consideration

        Thanks

  66. Dear All,

    Please advise as I got redundant when I was 7 months pregnant in Jan 2015. Delivered baby in March 2015.
    Now I recently joined new company in Aug 2015, so my question is..Am I still eligible for 30 mins break as I am feeding my baby or can I leave 1 hour early from the office if I don’t take break.

    Appreciate your quick reply on the same.

  67. In my previous company my position got redundant when I was 7 months pregnant in Jan 2015. I delivered a baby on 30th March. Now I recently joined new company in Aug 2015 so my question is… am I still eligible for 30 minutes break as I am feeding my baby or can I leave 1 hour early if 30 minutes break is not allowed.

    • Nidhi,
      I will need to confirm this Nidhi.
      Mostly, you should be eligible. But since this comes under maternity benefits, it’s tricky. Give me a couple days to get back to you.

        • Nidhi,
          From sources I found out that you may not be eligible for any maternity benefits.
          However, you could request your current HR to consider this. May be they will approve it!

  68. I am working in Dubai for last 18 months. I am pregnant and my expected due date is May as of now. I am planning to resign my job before the due date (at 7 months to pregnant).
    But my question is: can I have the benefit (45 days full pay) before resignation (at 5.5 month to pregnant)?
    I am planning to travel to my country for the delivery.

    Kindly advice me on the above?

    • Kaory,
      If you resign prior to delivering, I don’t think you are eligible for maternity benefits!!
      Looks logical to me!

  69. Hi,

    My wife delivered her baby during her holidays in August. The first 3 weeks after the delivery are still her holidays (for all staff members as she is a teacher). Her first day of work should be on the 1st of September and the company is saying that they start counting the 45 days for the maternity leave when the baby was born, overlapping her own holidays.

    I know some companies may be generous enough to separate both leaves but this is not the case obviously.

    For our best interest and since we want the best for our child, we would like to fight for these 3 weeks that were her holidays. I found this on Labour Law which I hope shows that the company is on the wrong:

    “Article 30
    A working woman is entitled to maternity leave with full pay for a period of forty five
    days including the time before and after delivery, provided that her continuous period of
    service with the employer should not be less than a year, but if a working woman has
    not completed the said period, the maternity leave shall be with half pay.
    A working woman, on the expiry of the maternity leave, may discontinue work without
    pay for a maximum period of one hundred consecutive or intermittent days if such
    absence is due to illness which does not enable her to resume work. Such illness shall
    be evidenced by a medical certificate issued by a medical authority attested by the
    competent health authority or endorsed by such authorities to the effect that the illness
    resulted from pregnancy or delivery.

    Leave provided for in the preceding two paragraphs shall not be computed as part of
    other leaves.”

    Any clarification here would be highly helpful.

    Thank you
    JM

  70. Hlw sir…
    Am 4 months pregnt nw. And am planning to leav ma company with out giving one month notice period. Becouse the working hours of ma compny is 8am to 7pm with 1 hr break. So am nt able to continue in ma company.
    The main point is i have joined in ma company on 13/3/15. Bt i dont knw when ma labour contract starts. They have nt provided me any copy even after i askd them.
    So when i approch them for resignation they asked me to pay 3700aed. Wch is ma 45 days salary.
    So ma qusten is :
    – do i need to pay that???
    – do i nly need to pay ma basic salary
    – what i can do for get ma labour contract and pastport ( ma pastport is with them)

  71. Hi,

    Would like to check if I am under husband visa and working (declared in labour) Am I entitled with maternity leave?

  72. A member of staff was on a three year contract. During that time she was on Maternity Leave and Unpaid Maternity Leave. I’m currently working out her Service Gratuity for this time. Does she accrue Service Gratuity days while on Maternity?

    Regards

    Rees

  73. What is the ramadan working hrs for recently delivered mothers? they have breast feeding hrs during ramadan?

    • Neethu,
      You will have further reduction in working hours by 1 hour in addition to the regular reduction of 2 hours during Ramadan.

  74. Hi Deepak,

    Am working in Abu Dhabi for last 18 months. Am 7 months pregnant and my expected due date is Sept 28 as of now. Am planning to resign my job as my husband is transferred to his Dubai branch and we are planning to shift in November 2015.
    But my question is should I inform my employer that am resigning once am back from my maternity leave ? Do it affect my maternity benefit ( 45 days full pay) .
    Or if I inform my employer now he will not provide me the maternity benefits saying however am resigning the job after the leave.
    Kindly advice me on the above ?

    • Tima,
      I don’t think it will affect your Maternity.
      However, it is a question of ethics and integrity.

  75. I am going to delivery in philippines and my due is on august 2. When i asked my company if i can take my maternity leave pay, they said no because they don’t know yet when to start counting the maternity leave. In addition, my company informed me that the maternity leave will be counted from the day when i give birth. Is this the correct computation?coz as far as i know and i read it in the UAE law that maternity is including the time before and after delivery.

    • Maan,
      Yes and No.
      Usually companies start maternity leave 2 weeks from due date!
      However, it entirely depends on your medical condition and doctor’s report.
      However, maximum number of paid maternity leave as per UAE Labour law is 45 days.

      • Hi Deepak,
        Can you please clarify if the 45 days is working days or calendar days? It is confusing as the UAE Labor does not specify and there is a huge difference being calendar or working days.

        My wife is about to deliver in August and we are trying to tell the company the correct law.

        Thank you,
        Ian

      • My contract will expire on Dec 10, 2015. And I dont have plan to renew.. My due date will be on 2nd week of Dec as well. Am I still Entitled for Maternity benefits?

        • Joanna,
          Maternity is only applicable while you are under company sponsorship and while your employment contract is valid.

  76. Please advise. I am a pregnant teacher who has 60 days summer holiday. I return to duty on 23 August and I am requesting my maternity leave start on 30 August. My employer is insisting I start my leave on 23 August. Can the employer dictate this? If I do not agree, it has been hinted that my contract will be terminated. Can an employer do that (granted they give proper notice)?

    • Layla,
      Maternity leave is a grey area. However, employer can not dictate that. It depends on your stage of maternity.
      Terminating contract because you are pregnant is a gross violation of human rights!! That’s sad.

  77. This maternity law is pitiful. In western countries you get 6 months of fully paid maternity leave and after that (at least in my country) 1-3 years of parental leave during which you get paid (amount is the same for 1 or 3 years, just divided equally so you get lower monthly pay if you opt for 3 years) and during this time your employer is not allowed to terminate you. It’s nice that the law here is only thinking about bonding with the baby, but why is no one thinking that the mother has to actually take care of the baby?? Or everyone thinks that it’s the maid who has to bring up our children? I have seen so many families destroyed by this practice, children have no feelings towards their own parents coz the maid is the “mother” for them. Really pitiful.

    • Khadijah,
      You are absolutely correct. However, the government is doing all efforts to bring reforms.
      Sharjah Government has new rules for maternity leave, which is great.
      I expect, other emirates to have better rules.
      New Labor Law of UAE could change this. Let’s hope for the best.

  78. Our company computation of 2.5/month of annual leave in 12 months equivalent to 30days per year is correct, however if we apply for maternity leave of 45days they will deduct 3.75 days in our annual leave days entitled (30days=2.5days + 15days=1.25). Is it valid? Please enlightened on this matter. TIA

  79. Hi,
    My contract ends on December 2, 2015..I have completed 18 months of service.I am planning to travel to India for the delivery during seventh month of pregnancy on Sept 25th.probable date for delivery is November 20. I am aware that the maternity leave is 45 days before and after the due date. However the company says they can only consider the days after the due date upto the end of contract.. what do I do?? And whom to contact to get the maternity leave paid in full during September. I would also like to know if I am eligible for end of service entitlement and if it can be paid in September before I travel,as the contract ends during maternity leave…

    • Pearl,
      Companies usually start maternity leave 1 month prior to delivery.
      However, UAE Labour Law does not specifically mention these conditions as is not clear.
      You will have to request your company as they are only authorised for such approval.
      No, your gratuity will only be paid ad the end of the service and not before that.

  80. Hi this is my situation. My due date is on dec 18, 2015. My labor contract will end on dec 23, 2015. Am I still entitled to take maternity leave fully paid if I will not renew my contract since I was able to finish my 2 years contract in my company.

  81. Dear SIR,
    I want to ask Sir about my situation. Actually just last month I had miscarriage of 3 months fetus,means I lost my baby because of miscarriage, so I need Raspa operation to take all what is left inside me to avoid poison in me.So I went home Philippines for this because it is so expensive here. Can I apply this as my Maternity Leave or Sick Leave in our company with pay or without pay?? And is it separate days from my annual leave or vacation ? because my boss said it is already included in my vacations days.

    Thanks and hope you would give clear explanation based on Labor Law IN dUBAI..
    bERNA

    • Berna,
      I am sorry to hear about your situation.
      I am not too sure; but I think this can be termed as medical emergency and sick leave with pay. If you exceed the 15 days it will be 30 days half pay. After that it will be no pay.
      Please read about sick leave in UAE Labour Law.

  82. I worked for one company continues 20 months in dubai. Recently I got pregnant. So far I am getting all benefits and salaries properly and on time. But recently I have learned about past history of company ;
    If any female employee gets pregnant near to expiry of contract. Company is not renewing her contract. Company terminates her and pays all dues and gratuity with end of service entitlement. But this way company is saving paid maternity leave and medical insurance expenses.

    In my case : I have medical insurance maternity covered from company and my contract is expiring after 4 months. and my delivery due is after 8 months. I need your suggestion, if my employer tries to terminate me on completion of contract.

    Is it legal to terminate this way ? What should I do?

    Am I eligible for paid 45 days maternity leave apart from my my offiicial 60 days paid leave (on completion of 2 years)?

    If I am terminated, my medical insurance card will be also cancelled by company. and after that my maternity medical expenses will be very big. In labour law is there any provision to continue same insurance or anything which helps me to save my medical expenses.

    • Suman,
      An employer has right to end employees contract on the basis of Article 120 of UAE Labour Law.
      However, being pregnant should not be the cause of the termination.
      I heard a lot about these kind of issues recently on the radio.
      This seems to a scrupulous practice by few companies where they do not even regard basic human rights.
      I recommend that you file a complaint with MOL in case any such thing happens.

      • Thank you very much for your reply.
        Still I am confused,

        If I am filing labour complaint at MOL, employer will say I am paying her all dues and not renewing her contract.

        Do you think MOL officer will do something in my case ?

        In my case dispute will be 1. Medical Insurance ( till end of maternity) 2. Paid Maternity leave ( which is falling after 4 months of contract end).

        In your point of view how much you are sure that I’ll get above 2 disputes.

  83. I worked for one company more than 1.5 years. Now I got pregnant. My employer is telling me to resign from job. He has not provided any Medical insurance with Maternity Coverage.
    So far my employer was telling me he’ll provide me insurance and I hv done expenses about 2500 behind checkups and medicines. Suddenly he told me to resign and leave the job.

    If I file labour complaint, I don;t have proof he is telling me to resign. He is not ready to give termination letter, because it will cost him a lot.
    What should I do?

    Lets assume, in reply of labour complaint ; he is saying or lieing that he is ready to continue my job.

    In this case there are two option I have ;-

    1. I CONTINUE THE JOB : In this option, if I continue my job based on my employer statement, Practically it is not possible my employer’s behavior will be same. Because i filed labour complaint.

    2. I DON’T CONTINUE JOB : In this option, if I don’t want to continue my job, MOL will treat my case as resignation or termination. Because many end of service benefits varies based on resignation and termination.

    • Kiran,
      I recommend you file a complaint with MOL. This is a serious issue.
      1. You are right. Your employer’s attitude will change.
      2. That will depend on your situation whether you resigned or were terminated.
      My personal point of view is that this is very crucial stage for you and you will need to weigh the pros and cons of the situation.
      You’d be better off not working for an employer who does not even provide basic human right.

  84. Hi Deepak,

    My salary increased 2 months before completing my 1 year. My company paid me annual leave according to my previous salary and not the current salary.
    I taught i would be getting my current salary?

    Thank you

  85. I am 12 weeks pregnant, and I am searching for job. I have an interview lined up in coming days. Should i reveal my pregnancy during my interview or at the time when I get the offer? My husband says its not safe to work while being pregnant but I want to work and build my career along with having a child. My nature of work will be always office based.
    Please suggest what should I do.

    • Rajita,
      It is better to reveal about your situation from the start.
      However, I do recommend that you join work once you complete your delivery as no one can predict the complexities of pregnancy early on.

  86. sir
    my wife is working in Dubai (private hospital)now completed 7 months recently she pregnant ,unfortunately HR people told her resign from hospital immediately because she is not ready assist any radiation procedure .we requested to terminated from the hospital but hospital management is not doing .they are forcefully telling me to attend x-ray procedure(is harmful for my baby) what to do sir ,now she is mentally harassed from company

    • Sivaprasad,
      It is better to move on rather than putting the life of the unborn in risk.
      That is my humble suggestion.

  87. If a women deliver baby in her home country. Will she entitled to Maternity leave in UAE????

    • Saghir,
      This is a grey area which I do not know about.
      In my opinion, as long as the woman is employed, maternity leave should be applicable.

  88. Hello

    Can you please clarify the breastfeeding breaks?Are these EXTRA on top of the normal breaks. I am a teacher who gets one free lesson a day for planning and marking. Am I meant to count this free lesson as my breastfeeding time?

    Thanks 🙂

    • Margaret,
      First of all congratulations on becoming a mother.
      No, I do not think that lesson time is counted as your breastfeeding time.
      The break is for 1 hour daily. You could also split it into 2 as per your convenience.

  89. I am a Teacher. I delivered a baby before completing one year in service and during summer vacation of the School. I have two questions: 1) Will I get half pay of my maternity as I have not completed 1 year, as per labour law? 2) As I was paid summer vacation salary, will I get maternity pay separately as maternity leave cannot calculated with other leaves?

  90. Hello. I am planning to resign before giving birth, will the company still pay my maternity leave even if I resign? I finished more than 2 years already.

    Thanks.

    • Mertina,
      How is that possible? Once you resign, you will have no company benefits like maternity leave!!

  91. According to the law after completing 1 year i am entitled to maternity leave

    : EMPLOYMENT LAW AMENDMENT LAW

    PART 5: MATERNITY RIGHTS 35. 37. Maternity l Leave

    (1) An employee shall be entitled to a minimum maternity leave entitlement of sixty five (65) working days.

    (2) An employee shall be entitled to be paid a minimum maternity leave in accordance with Article 38 during the minimum maternity leave in Article 37(1) of (3) three months if she:

    (a) will have has been continuously employed with an employer for at least twelve (12) months preceding the eighth week before the expected or actual week of childbirth;

    (b) notifies her employer in writing that she is pregnant at least eight (8) weeks before the expected week of childbirth, if requested by the employer;

    (c) if required by the employer, provides a medical practitioner’s certificate stating the expected or actual birth date if requested by the employer; and

    (d) notifies her employer in writing at least twenty-one (21) days before the day the employee proposes to begin her maternity leave.

    Does this amount include benefits such as accommodation, transport etc as its part of my salary however broken down on the contract

    Basic, Transport, Accommodation, Other benefits- Would i be entitled to the full amount or just the basic?

    What are the rules if the company wishes to close down would they still have to pay me this?

  92. Hi,i have been working for my company for almost 3years, i am planning to have a baby so i want to know is there any new uae law where maternity leave is upto 6months paid, i believe there was news that such law would be coming, please confirm

  93. Thank you Sir…
    They want me to pay 8,000 dhs. before I take leave for 3-4 months that’s what the P.R.O told me. Do I really need to pay that much? He said 8,000 dhs is a guarantee in order for me to take leave. But they will not going to return it back to me. In order for me to take leave and go back here in UAE after 4 month according to my boss and P.R.O.
    I need to take leave because I’m pregnant already before marriage.what is the best thing to do Sir?

      • Hi Sir,

        I, want to know if i am entitled for maternity because i am under probation i am still 2 months in the company. can my company file a case to me if they will know that i am pregnant and they said they will send me to jail , i will pay 8500 and all the expenses that they paid for me. pls help

        • Joy,
          As per UAE Labour Law, you will have no maternity benefits as you have not completed 1 year.
          WHy do you think that way, ‘they will send to jail’?? For what? Being pregnant is not a crime.
          You do not have to pay any expenses.
          Congratulations and take care.

        • Joy,
          You are not eligible for any maternity benefits as you have not completed 1 year.
          Why do you think they will send you to jail? Being pregnant is not a crime!
          Reimbursement of costs will depend on your contract.
          Congratulations and take care!

          • Mr. Deepak,
            How about maternity leave? am i entitled because im planning to go home in our country to give birth there?

            • Joy,
              Please post queries at a go. Tough to refer to previous correspondence among 100’s of queries I receive daily.

  94. I want to ask about Maternity Leave.I’m just new here in my work. I would like to know if I am entitled to get maternity leave? I’m just 3 mos. at work and I’m planning to take leave next month. The expected date of delivery of my baby is July 8.Please help me.

    • Mitz,
      You could take leave but you may not be eligible for any maternity benefits as you are less than a year in the company.

  95. Hello Deepak,

    I am joining a new employer in a months time and I am expected to deliver in Nov this year. The new company’s policy states that in the first year, maternity leave will be completely unpaid. However, as per the law, it shall be half pay.

    What do you suggest, I should do in this situation?

    Thank you!

    • R,
      The company should follow UAE Labour Law.
      If the company insists on their rule, it is up to you to decide whether you would like to take unpaid leave!
      I suggest you think over the decision with your partner and come to a decision whether it will make a sound financial decision.

  96. Hi my wife is 5months pregnant but she is pregnant b4 we got married,and 1week she will be 1year in the company..is it possible that she will get a maternity leave bcoz she will going to the phil.to give birth?

    • Joy,
      She could take unpaid leave, but maternity leave will kick in once she is 1 year in the company.

  97. My wife is pregnant but company refuse to give live out from company accommodation , there will be still deduction from salary if she move out from the place she is living in , we want to stay together but financal condition of life is bit on hard side until they approve live out approval from HR .
    Is there any law in Uae,which can help our situation?

    • Ajay,
      Your situation is unique.
      I am not sure what to say bro.
      Better to talk to the company.
      At such times, it is advisable to stay together to help your wife emotionally and with her tasks.

  98. Just wanted to clearify. I have a 2 months baby and i m working in retail. How many hours am i suppose to according to the labour law?

    • Nita,
      You are entitled 1 hour less than the normal working time per day after you deliver.

  99. Hi! I got a job offer in dubai after passing my first medical which tested negative for pregnancy my visa was processed. My visa just arrived and i was asked to take a 2nd medical which is pregnacy test, the result was positive. Is it possible that my employer will still let me keep my job and pursue with my contract? My employer is an indian national based in dubai.

    • Resha,
      Depends on the company.
      usually from what I have seen in the past, companies do not employ pregnant women.

  100. hi iam working in a private hospital…i had my first baby on feb 2014.accidently i am pregnant again and my due date will be on may 2015…can i entitiled to have my maternity leave with pay.or just unpaid leave only if not 2 years gap.

    • Siji,
      You may take two times maternity leave however it is depends on each company policies.

      • question how many months pregnant women allowed to travel outside the country according to uae law

        • Janice,
          there is no such law in Labour law. However, I believe this is particular airline policy.
          I think after 6 (or may be 7) months of pregnancy, airline does not allow the passenger to travel.

  101. Hi
    I’m going to start working in the UAE in August 2015, and I just realized I am pregnant which means my due date would be in October 2015.

    What if the company knows I’m pregnant, will they terminate me or could they cancel the contract as from now altogether?

    • Mim,
      During your medical tests, if it is proved that you are pregnant, yes, the company may refuse to hire you and cancel contract.

  102. Hi Deepak

    I have completed 15 month in a company and i am 6 month pregnant.i have 90 days maternity leave 45 days full pay + 45 day half pay.i just want to know if in case due to some health issue i couln’t come back to abu dbahi from india. how can i cancel my visa.i have to send resignation letter but my confusion is how i cancel my visa stamp in my passport.

    • Priya,
      Your representative can get the passport with an authorisation letter from your side and handover the passport to your employer for cancellation purpose.
      I think this will work.

  103. Hi Sir,

    I am working on contract basis for a company in Dubai. My client is in Abu Dhabi. I joined my contract company in September 2013 and I was less than 1 month pregnant then. I left to my home country for my maternity on Feb end 2014 which means I had completed almost 6 months with them. I delivered my baby in March and resumed work back in June. I wasnt given any maternity benefits and upon requesting I was told that since I did not complete one year with them I am not eligible for any benefits. I had completed by one year contract as on Sep 2014 and also extended my work for still 3 months more till Dec 2014, compensating for the 3 months which I had taken for maternity.

    Please advice on whether I can get the maternity benefits now which I wasnt paid at the right time.

    On enquiring the call center of MOL, I was told that I am entitled to full maternity benefits since I have now completed one year with the contractor.

    Feeling confused. So please advice on this issue of mine.

    Have a nice day..!

    • Ayeesha,
      sorry, I have limited knowledge about the matter. MOL is the best place. I recommend you go there personally.

  104. Hi,

    I am working in a private sector company located in Sharjah Hamriyah Freezone. Could you please advise about the materity leave days and the nursing breaks I am entitled to avail?

    • Jaya,
      If your company follows UAE Labour Law, then you will have 45 days leave. When you join again you will have 1 hour break up to 1 year.
      I also think that Sharjah companies have more maternity leaves as announce recently. Don’t know whether this will apply to your company.

  105. Hi Deepak,

    Very good afternoon and Happy New Year.

    I wanted to know that as per the labour law a female employee to entitled for 45 days paid leave/maternity leave.But need some more info as below.

    1st Case :However if planning for a child is it necessary to complete 1 year in the company.
    2nd Case : If incase a female employee in expecting before 1 year completion or 4-5 months are left for the year to be completed will the employee be entitled for the same leave or it wont be a paid leave.

    And does the employer has the right to terminate the female employee as mentioned in the 2nd case above if YES how to go about.

    Appreciate your quick assistance.

    • Kaye,
      You must be in the later part of your pregnancy. Really depends on the person applying the leave.

  106. Hi Mr. deepak! thanks for your reply. But the things is my employer wants me to resign and they want me to pay the visa cost. Do I really have to pay since they are the one who’s forcing me to resign.. I already have my medical certifications from my OB stating that I need to leave by January since i will give birth via C-section.

  107. hai,

    please let me know if maternity levve is deducted from the totals days worked for gratuity calculation

  108. hai, I have worked for 5 years . My gratuity is calculated for 28 days I believe. but The management calculated my maternity leave which is 45 *2 (2 kids) and reduced 90 days from the total days worked and said I have not completed 5 years. I wan to know if maternity leave is excluded for gratuity calculation as per UAE Law???

  109. Hi Sir,
    I am working in acompany for almost 2months now. I am pregnant and my OB said I need to go back to the Phil on January since its my 7th montj. Now, my emoloyer said they cannot give me maternity leave because I will be leaving the work from January-April .. They ask me topay for the visa cost. is that right? I dnt want to resign.

    • Nin,
      Maternity leave is for 45 days before and after the delivery as per your situation.
      It is up to the employer to understand the employee’s situation and make arrangements.
      You are also eligible for extended leave.
      Read the article again.

  110. Hello Deepak, quick question.

    These 45days are including weekends or otherwise?

    Thank you.
    Diana

    • Diana,
      It is 45 calendar days and not working days.
      So weekends are included in 45 days.

  111. Hi Deepak,

    I am 6months pregnant and 6months working in company as well. I am planning to give birth in the Philippines.
    It says in the article above that a working woman for one year is entitled for 45days maternity leave pay.
    “But if a working woman has not completed the said period, the maternity leave shall be with half pay.”

    Since i am working less than a year, does it mean i can still get a 45days half pay?

    • Mae,
      Not entirely sure about this.
      But since law mentions ‘completed one year’, you may not be eligible for paid maternity leave.

  112. hi Deepak,
    I agree that employee should get 45 days maternity leave, but if in case employee joined after 30 days … where company should pay for 15 days extra in cash? or not?
    Employee is claiming 15days maternity in cash, but Joined after 30days..pls suggest urgently

    • Ram,
      No, I don’t think maternity leave can be encashed.
      But this is entirely company policy.

  113. Sir,
    My wife is 6 months pregnant and were planning to go home in the philippines to have her delivery there but her company will give maternity leave because she will not stay here in UAE as her company said.
    We are legally married.
    Please give advise.

    • Ryan,
      No rule like that. As long as your wife is employed with the company, they are supposed to pay full maternity benefits(total of 45 days full salary), before and after delivery.

    • Hi Sir,

      I just want to ask, i am currently 2 months pregnant, i will be 4 yrs in my company on Aug-2015, my company provided me annual leave plus ticket (2 way), actually i plan to take my annual leave on Feb. nxt yr bcoz that is the i usual month i take for vacation, i will be 5 months pregnant on that supposed month and 6 months on March, i plan to deliver my baby here in Abu Dhabi the EDD shows June 28, 2015, can i take 45 days leave with pay from my comp? Our comp is just a small company, my boss doesn’t know anything regarding maternity laws as this is the first that it happens to one of his employee..can i just print the rule above and show it to him? please advise…

  114. Sir,
    I am 6 months pregnant and im planning to home in the philippines to have my delivery there but our company wont give me a maternity leave with pay.the reason is because i will not stay here in the UAE.
    What will I do sir?

    • Irysh,
      No rule like that. As long as you are employed with the company, they are supposed to pay full maternity benefits(total of 45 days full salary), before and after delivery.

  115. Hi,
    Just want to clarify, can a Woman on Maternity Leave (45days) pass a resignation letter during this time?
    Thanks!
    Billy

    • Billy,
      Sure she does have the right to resign during maternity leave.
      However, I don’t think she can claim maternity leave benefits.

  116. Hey,
    I am working for a school. what is the procedure if my due date comes during Summer holidays? Can I take my maternity leave after the holidays ie,when the school starts?? How do the school calculate my Leave Pay and Maternity Pay???

    • Salim,
      maternity leave is to be taken before and after maternity combined 45 days.
      Read the article carefully again and understand how to calculate maternity pay. I have mentioned in clearly.
      Leave pay is as per company policies.

  117. Dear Sir,

    One of my team mate is requesting for 45 days maternity leave in the starting of maternity period .That is 45 days of leave when she is in 3 months of pregnancy.Is that acceptable “The law says including the time before and after delivery ” does time before means 45 days in any of the 9 months of pregnancy ?

    Can you please help with this.

    Thanks

    • Shruthi,
      You are right. She may not be eligible for maternity leave when she is 3 month pregnant.
      However she is eligible for other forms of leave like annual leave, sick leave etc as per law.

  118. how much will I get?my salary is AED 1600,as per above, company should give me 45 days with pay and 2 moths allowance,, is that right?what if my company will not give my maternity leave, do i have the right to file a complain?and i am working in my company for 2 years and 6 months now, i have not taken my annual leave yet and im planning to give birth in Philippines ,,I heard that Airlines will allow the pregnant passenger with maximum 7 months only ( I mean the baby ) with the doctors approval or medical certificate or something . So can i apply for annual leave and maternity leave together?

    • Reynalyn,
      Only initial 45 days are paid maternity leave.
      Every company should provide maternity leave for eligible women. Otherwise, you may approach MOL or respective authorities.
      Yes, few airlines reject you at boarding if you are past 7 months of pregnancy. This is done due to the risks involved to yourself.
      I am not sure whether with any certificate they will allow.
      You may combine annual leave with maternity leave but depends on company policies.

  119. some confusion about the below
    (if a working woman has not completed the said period)
    is it mean from the joining date or after the probation period or what exactly, please if you can help

  120. hi i just wanna ask about maternity leave, is it applicable to all the companies of uae or it depends on the company or contract?

  121. I have read from another site that maternity leave without pay can be extended only for 10 days, how true is it? because you have mention above that following maternity leave ,I can still extend my vacation for 100 days if my condition is not conducive to return back at work supported by medical certificate excluding the other type of vacation.I supposed to report on duty by mid of November but I want to extend my vacation for 1 ‘/2 month more 45 days in all and resume on duty by 1st week of January.I have delivered in my home country so my vacation was starting since Aug.15 and my employer told me that my application for extension is prohibited.How true is it if I have my supportive medical certificate stating that I still incapable to go back at work yet.Thanks!

  122. I am on husband visa and I have completed 1 year in August 2014 in company in Dubai. My delivery due date is in end of January 2015. And I have applied for maternity leave of 45 days and also requested for 30 min each 2 breaks along with my lunch break as per law, as I have 1 hour lunch break total it will be 2 hrs including nursing break.

    My company replied me that after I return back from maternity leave, I have to serve for minimum of 1 year if I resign before 1 year then they will deduct the maternity leave payment from my final gratuity. please advice. is there any rules that they can deduct from gratuity if i dont serve for min 1 year after maternity leave?

    Also they said I can take for 2 breaks for only max 30 min. not total 60min. and they said it should not be combined along with lunch break. Please advice what should I do?

    • Resh,
      No rule like that your company mentioned.
      Also till 1 year after you have delivered, you may take one hour a day and break into 2 breaks of 30 minutes.
      This is as per the law.

      • Dear Deepak,

        Thank you for your information.

        My company again said without giving guarantee that I will work for minimum of 1 year after comeback from maternity leave they are not able to give my maternity leave payment.
        Please advice what should I do now. I dont want to give any guarantee letter to them that I will work for 1 year after maternity leave.

  123. Hey there! I am working in Sharjah, for the past five years and have a Labor card in Shj, but i reside in Dubai, Am i entitled to the 60 days leave ?

  124. Hi sir i am on my husband’s visa and i am planning to resign in my current job, i employed for 5 months already do you if i would be banned if i will resign. and one more thing probationary period starts after you sign an offer letter or after you sign a labor contract? i signed my offer letter may 27 and i signed my labor contract September 5 when is the start of my probationary Period sir?

  125. Hi,

    if we might have to extend the Maternity Leave for additional 3 months due to baby’s health condition, What is the procedure.

    • you need to provide the sick leave certificate. It depends on the company whether to approve or take it as no pay.

  126. Hi,
    I had been employed with a company for 14 months when I went on maternity leave. This entitles me to 45 days maternity leave with full pay, according to UAE Labour Law.

    According to my contract I had to give 4 weeks notice if I wanted to resign.

    I gave notice 18 days before my maternity ended and therefore did not give the 4 weeks note as my contract stipulated – am I still entitled to receive my 45 days with full pay?

  127. I have joined in a company just two months back and now am pregnant . my due date is March 2015. am planning to deliver in Dubai but now I don’t have maternity insurance. so if I need to go to india I should leave by dec (7months). my visa is Dubai. will I get leave for 6 months. I know its difficult. but want to know if there is any possibility.

    • First of all you should complete one year in a company to get maternity leave entitlement

  128. Hi,

    I want to ask if I am still entitled for maternity leave if I already availed my maternity leave last December 23, 2014. And I get back to work last April 10,2014. Accidentally I got pregnant again and my due date will be on last week of February 2014. I will finish my two years stay in the company on 2 December 2014

    • Hi,

      I want to ask if I am still entitled for maternity leave if I already availed my maternity leave last December 23, 2013. And I get back to work last April 10,2014. Accidentally I got pregnant again and my due date will be on last week of February 2014. I will finish my two years stay in the company on 2 December 2014

  129. I’ve been working for a years to my company before I got married and pregnant but my contract is at is as I was single and all other documents.Do I still entitled for 45 days maternity leave?

  130. hi there

    I have been working in an Indian organization for 2.8 years now. The organization will pay for 45 days of maternity leave afetr I have joined back work (after 45 days) and have worked for a month (otherwise they will not give the salary for maternity leave).

    As per my contract there has to be a notice period of 45 days after resigning.

    My question is what is the dubai labour law regarding the maternity leave salary ? Am I not suppose to get the salary regardless of I join back or do not join back after the end of maternity leave ?

    thanks

    • As per the Federal Labour Law UAE Article (30), a working women is entitled to maternity leave with full pay for a period of forty five days(45 Days) including the time before and after delivery, provided that her continuous period of service with the employer is not be less than a year(1 year). But if a working woman has not completed the said period, the maternity leave shall be with half pay.
      A working woman, on the expiry of the maternity leave, may discontinue to work without pay for a maximum period of one hundred(100) consecutive or intermittent days if such absence is due to illness which doesn’t enable her to resume work. Such evidence shall be evidenced by a medical certificate issued by a medical authority attested by the competent health authority or endorsed by such authorities to the effect that the illness resulted from pregnancy or delivery.
      Leave provided for in the preceding two paragraphs shall not compute as part of other leaves.
      As per the Article (31), in addition to any prescribed rest period, a working woman nursing her child shall, during the eighteen months following the date of delivery , be entitled to two additional breaks each day for this purpose , neither of which shall exceed half an hour (30 minutes each)
      Read more: http://emiratesdiary.com/job-tips/maternity-leave-per-uae-labour-law

  131. Hi,
    I am planning to go on maternity leave to India for 4 months as of now. (45 days paid leave and remaining unpaid leaves). What if I want to extent my unpaid leave? Can I resign from being in India on medical ground? For that what documents do I need to submit in my organization? Doctor’s certificate is enough? Do I need to attest it?

  132. Please tell me, I am working with company more than a year but they are not providing paid maternity leave.
    Please advice.

  133. Like most of the countries 90 days maternity leave is essential since it not only will help the mother to bond with her child also the child needs that care and at times sleepless nights can effect the mothers work at Office.
    kindly consider our comments if there is any women association that can please talk to the officials.Even if we get half pay its fine.

  134. If the baby dies during delivery, Is the Mother still qualifies to get the 45 days paid maternity leave?

  135. If the baby dies during delivery. Will the mother get the full 45 days paid leave as stated?

  136. What if I’m just only hired a 2 months a ago from my company and still I didn’t undergo for a medical test for the continuation of my visa processing will it affect on me regarding on processing my visa will my company can terminate me or discontinue for the visa processing if they will know I’m pregnant. Pls need answer thanks

    • Yes you need to do the visa before your entry permit get expire. it will affect your visa processing. If they come to know that you are pregnant you may get terminated. However it will be depend on company policy.

  137. can we in dubai also have maternity leave for 60 min days like in sharjah this law is passed 3 days back please, what if a ladyis having twin pregnancy .

  138. I think they should extent the period for 60-100 days minimum with pay.since as per WHO norms its very important to give love and care for the baby.please consider the comments.

  139. if an old employee is pregnant and she resigns already is she still entitled to maternity pay?

      • hi i just wanna ask about maternity leave, is it applicable to all the companies of uae or it depends on the company or contract?

Leave a Reply

Your email address will not be published.


*


This site uses Akismet to reduce spam. Learn how your comment data is processed.