Is Maternity Leave or Parental Leave included in Gratuity Calculation?

Yes, the 45 calendar days period of statutory maternity leaveOpens in a new tab. and five working days of parental leaveOpens in a new tab. are counted towards the employee’s length of service.

As per Article 132 of the UAE Labour LawOpens in a new tab., an employee is entitled to end of service gratuity only she or he has completed continuous service of one year or more.

Male and female employees who are parents to a child can take parental leave of five working days from the date of the child’s birth until the child is 6 months of age.

If the employer deducts these days (maternity leave of 45 days and 5 days of parental leave) from the calculation of the end of service gratuityOpens in a new tab., the employee has the right to complain to the Ministry of Human Resources and Emiratisation.

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