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Maternity Leave will be cut from the Annual Leave and Without Payment. Is that legal and as per the UAE Labour Law?

Maternity Leave will be cut from the Annual Leave and Without Payment. Is that legal and as per the UAE Labour Law?

Sheikh Mohammed bin Rashid Blvd
United Arab Emirates
00971505071820
Article Overview

Question- A lady from Dubai asks: I’m working in a private school as a teacher. My school provides paid maternity leave for expatriate ladies only after 1 year of service and its for one time only during the service and all ladies worker has signed in the offer letter that in the second time as per this offer letter maternity leave will be cut from the annual leave and without payment. Is that legal and as per the UAE Labour Law. Please advise in details as per the UAE Law article in this regard.

Answer: To answer this question I would say that every working ladies in the private sector, regardless of her nationality, is entitled to maternity leave as per UAE Labour Law, article (30), which provides the following: \"A female worker shall be entitled to maternity leave with full paid for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employee\'s service for a continuous period of not less than one year. If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay. On the expiry of her maternity leave a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work and if the illness confirmed by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the woman\'s work or confinement. The leave provided for in the preceding two paragraphs, shall not be deducted from other periods of leave.\" Therefore the abovementioned article gives the right for every working ladies at every birth and even with the service less than one year. Finally the offer letter signed by the working ladies which provide maternity leave only after one year of service and for one time only is illegal and against the UAE Labour law..

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Answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.

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