Does UAE Labour Law Guarantee Maternity Leave for Female Employees, Even If Their Contract Doesn’t Include It?

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Is maternity leave in the UAE contract specific? Many female employees are not very much aware of their rights, thus making them vulnerable to unfair patterns. It is very important to understand the UAE Labour Law so that you can take what you deserve, without considering what your contract states.

This article talks about the provisions stipulated in maternity leaves and the significance of pursuing professional guidance from a legal advisor in Dubai for all disputes or queries.

Overview of UAE Labour Law on Maternity Leave

 

UAE Federal Law No. 33 of 2021 extends very robust protection for women employees concerning their right to maternity leave. It entitles women working in the private sector to 60 days of maternity leave, with the following split:

  • 45 days fully paid
  • 15 days half paid

Then this law is applied irrespective of the length of service of the employee.

In addition, mothers can avail of leave of 45 days, but that will be without

This really shows that the UAE advances gender equality and the welfare of working mothers. These rights are guaranteed by the law even if maternity leave is not specifically mentioned in your contract.

What Happens If Your Contract Excludes Maternity Leave?

 

The most common misunderstanding relates to maternity leave being included in the contract explicitly. Maternity leave under UAE Labour Law is applicable irrespective of the absence of a clause in the employment contract. Thus, maternity leave becomes a right and cannot be denied to a female employee.

Consequently, since a contract does not include said leave, an employer may not deny the employee from taking that leave. An employee can go to courts for legal action if any of these clauses is violated. They should document such instances and contact a lawyer as soon as possible.

Paid Maternity Leave: What Employees Should Know

As per the UAE Labour Law, maternity leaves are paid funds to secure added financial support for new mothers and the following are the important points entailed:

  • Entitlement: all female employees in private sectors avail of paid maternity leave entitlements irrespective of the period of their employment.
  • Additional Leave: Sick mothers post-delivery can take an extra 45 days of unpaid leave with medical documents.
  • Breastfeeding Breaks: Two (2) daily breaks, not longer than one hour, should be given to any female employee within the first six months after she returns to her job.

These provisions must be complied with by an employer as a safeguard towards the well-being of married women employees in maintaining a healthy balance between their work and family lives.

Role of Labour Lawyers in Maternity Leave Disputes

 

It is now mandatory to speak with a labor lawyer in Dubai when your employer refuses maternity leave or breaches any UAE Labour Law. Such lawyers deal specifically with:

  • Negotiating with employers to settle matters in peace.
  • Filing the Ministry of Human Resources and Emiratisation (MOHRE) complaint if needed.
  • Providing expert guidance on employee rights to ensure compliance with the law.

Although a labor lawyer in Dubai may be your best friend, it also may hold all your rights for accountability against your employer.

Advice from Dubai Legal Advisor

 

Labor laws seem so complicated; bring them to use, and that is where a legal advisor shines the most. It is:

  • Clarifying rights under the law regarding UAE Labor Law
  • Designing, drafting, or reviewing contracts on employment law advice.
  • Making sure rights are known regarding the legal avenue to take for addressing grievances.

Choosing a qualified lawyer means there is no doubt one is fully advised and prepared to face any legal twist regarding maternity leave and other employment issues.

Employer Configurations on Employment Contracts for Maternity Leave

 

than providing maternity leave, employers must not infringe upon an employee’s job security. Key points are:

  • Job Security- reinstatement in original posts or equivalent positions after maternity leave.
  • Amendments in Contracts-Employers cannot change the disadvantage in contracts as it exists to employees on maternity leave.
  • Performance Reviews-It should also not touch the parameters of performance evaluation for having availed of maternity leave.

In case the employer violates any of the above, consult a labor lawyer or a legal advisor for the possible legal action.

How to File a Complaint for Maternity Leave Denial

 

Things to do when denied maternity leave:

  • Take notes: Maintain all communications between you and your employer regarding maternity leave.
  • Visit MOHRE: Lodge a complaint with the Ministry of Human Resources and Emiratisation. The ministry offers a mechanism for resolving disputes between employee and employer from the level of grievance to a more senior level.
  • Consult an Attorney: Seek guidance from a Labour attorney or legal advisor who could support you through the complaint process and represent your cause.

Filing a complaint can only be in your collective interest to prove that your rights were upheld and hold employers accountable for not complying with UAE Labour Law.

Conclusion

 

Under the UAE labor law, maternity leave is assured for a female employee, even though the contract does not provide for such leave. It grants paid as well as non-payable additional time off for medical conditions and certifies the security of a job, indicating the commitment of the law to the welfare of working women.

In case of any problems or ambiguity about any maternity leave-related issues, it is advisable to consult a labour lawyer in Dubai or to protect your rights. These people will help you come up with the perfect solution to your problem. Ask for legal help; it is worth the trouble!