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Find out whether local laws allow extended vacation time after the child is born.
Q: I work for a company in Sharjah. I am three months pregnant. Can you explain the fertility laws in the UAE? Is there any way to extend maternity leave without losing work? Ideally, I want to take a year off. Please advise.
Reply: According to your inquiry, since you are employed by a company in the emirate of Sharjah, the provisions of the Federal Law No. 8 of 1980, the UAE Employment Relations Management Act (“Employment Law”), apply.
In the UAE, an employed woman is eligible for 45 days of maternity leave with full pay if she has worked at the employer for a full year. If she does not complete a year of work, she is eligible to receive half of her salary during this period.
You can enjoy 45 days of maternity leave before or after childbirth, with full pay, and thereafter up to 100 consecutive or non-consecutive days without pay.
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This is in accordance with Article 30 of the Employment Law: “Professional women are entitled to 45 days of maternity leave with full pay, including the time before and after childbirth, provided that her continuous working time is not less than one year for the employer. For women who fail to complete the above-mentioned period, the maternity leave shall be halved.
“After the expiration of the maternity leave, working women can stop working continuously or intermittently for up to 100 days if the absence is caused by an illness that cannot return to work. Such illness should be certified by a medical certificate issued by a medical institution It is certified by the health authority or recognized by the department to the effect that the disease is caused by pregnancy or childbirth.
“The first two vacations are not counted as other vacations.”
According to the above laws, you can enjoy 45 days of normal maternity leave. After the expiration, you can take another 100 days of continuous or discontinuous maternity leave.
However, the Employment Law does not deal with the long-term maternity leave rights of female employees in the UAE, with the exception of the maternity leave mentioned in Article 30. Labor law. However, the employer may decide whether to grant extra leave or not.
Therefore, you can make a special request to your employer in writing to allow you to extend your maternity leave by one year. For further clarification on this matter, you can consult a legal adviser in the UAE.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, the UK and India. For complete details of his company, please visit: www.amalawyers.com. Readers can email questions to: news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.
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