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How to get maternity leave as an employee in UAE as per Ministry of labour (MoHRE) Law 2024 - Full guide
Maternity leave is a special type of leave for female employees around the world which typically take shortly before and after giving birth of a baby.
Almost in every single country the maternity leaves are provided to the female employees when they are going
to deliver a baby.
It's application is different from country to country.
Ministry of Human resources and emiratisation MoHRE in UAE has the law for maternity leaves.
Here are
the few points related to the maternity leave in UAE.
UAE Federal Decree Law No 33 Article 30 - (1)
The female worker shall be entitled to a maternity leave of (60) sixty days, according to the following:
- The first (45) forty-five days with full wage
- The following (15) fifteen days with half wage
As per the Article no 30 of UAE labor law the female Employee of working in any company in UAE on employment visa to entitled to get 60 days of maternity leave as per the followings
- The first 45 days with full salary paid.
- The second 15 days will be half paid of salary.
UAE Federal Decree Law No 33 Article 30 - (2)
The female worker may, after using the maternity leave, be absent from work without a wage for a period not exceeding continuous or intermittent (45) forty five days. If this absence is due to her sickness or her child's sickness resulting from pregnancy or childbirth, which does not allow her to return to her work. Such sickness shall be proven by a medical certificate issued by the medical entity. This period is not included within the service term, for which the female worker is entitled to end of service benefits or the period of contribution in the retirement scheme in accordance with the legislation in force in this regard.
The female employee of any organization in uae gets an extra 45 days leave after finishing the previous 60 days leave. These days leave will be unpaid according to the article 30 of UAE labor law.
UAE Federal Decree Law No 33 Article 30 - (3)
The female worker shall be entitled to the maternity leave mentioned in Clause (1) of this Article if the delivery took place (6) six months or more after pregnancy,whether the fetus was born dead or alive and then died.
The female worker is entitled 60 days leave in the case where the fetus is born dead or alive then dead after six month of pregnancy.
UAE Federal Decree Law No 33 Article 30 - (4)
If the female worker gives birth to a sick child or a child of determination, whose health condition requires a constant companion, according to a medical report issued by the medical entity, she has the right to a leave of thirty (30) days with full pay starting after the end of the maternity leave and she the right to extend the leave for a period of (30) thirty days without pay.
If the pregnant worker give birth to an unhealthy, sick or special child and the child need more care of his mother and proven by the medical entity , the employee has right to get 30 days more leave with full paid after finishing her previous leaves and can extend more 30 days without pay.
UAE Federal Decree Law No 33 Article 30 - (5)
The employer shall grant the female worker a maternity leave upon her request at any time, starting from the last day of the month preceding immediately the month, in which she is expected to give birth, and this shall be proven by a certificate issued by the medical entity.
The employer should grant the leave immediately to the female worker when the delivery is to be expected as per the medical report.
UAE Federal Decree Law No 33 Article 30 - (6)
Being on a maternity leave or absent from work as mentioned in this Article shall not prejudice the female worker's right to obtain the other leaves
Being on the employees maternity leave does not means that she is not entitled to get other leave as per the uae labor law. The employer should not try to adjust the maternity leave to the other leaves of employee.
UAE Federal Decree Law No 33 Article 30 - (7)
. If the female worker works for another employer during the period of her leave authorised in this Article, the original employer may deprive her of her wages for the leave period or redeem what he has paid to her.
During the maternity leave the employee should not work for another employer. If she did the current employer has right to deprive her of her salary for the leave duration or can claim what he paid already.
UAE Federal Decree Law No 33 Article 30 - (8)
It is not permissible to terminate service of female worker or notify her of the same because of pregnancy,having a maternity leave or her absence from work in accordance with the provisions of this Article.
During the maternity leave the employer has no right to terminate the employee because of her absence in company.
UAE Federal Decree Law No 33 Article 30 - (9)
After returning from maternity leave and for a period of not more than (6) six months from the date of delivery, the female worker shall be entitled to one or two breaks per day to breastfeed her child, provided that the two breaks do not exceed an hour.
After finishing the maternity leave not more than six month of period after delivery, the female employee is entitled to two breaks per day to breastfeed the child.The two beaks period should not be more than one hour.
NOTE: During the period of pregnancy the employers are advised to be more flexible and cooperative with their female employees even she is not on leave.
I hope you get some required information about the maternity leaves in UAE and enjoyed the Article.
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