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Paternity and Maternity Leave in the UAE 

إجازة الأبوة والأمومة في الإمارات مقال من إعداد S & S Lawyers، وهي شركة المحاماة الرائدة في الشارقة، الإمارات العربية المتحدة، التي تضم محامين ومستشارين قانونيين ذوي خبرة في الشارقة، وتقدم خدمات قانونية عالية الجودة للمجموعات والأفراد لمساعدتهم في الأمور القانونية، بما في ذلك التحكيم، والقانون المدني، والقانون الجنائي والجرائم، والعقارات، والأحوال الشخصية، وكذلك الاستشارات القانونية المجانية.

Congratulations! You just found out that you’re having a baby, but you’re a working professional in the UAE and now you’re wondering how long you can take the leave for? and what rights do you have for carrying a new human being in your body? Let’s all find out by reading this blog.

Having a baby as a working professional in the UAE will grant you multiple benefits, this applies to both the father and the mother of the newborns. They call it “Maternity” and “Paternity” where upcoming parents are entitled to take a holiday before and after their baby is brought out to the world. These leaves are mostly paid by their companies and are required by the law in the United Arab Emirates.

Maternity Leave

Maternity leave is a period of time a new mother takes off work after giving birth or adoption of a child. This is a vital time for the mothers because it allows them time to physically heal from the pain of childbirth and at the same time bond with their new baby. The benefits of taking time off work after the birth of a baby gives multiple benefits including a stronger connection between the mother and the baby, improved postpartum mental health and lower infant mortality rates according to research.

45 days was the earlier stipulated maternity leave granted to new mothers but the new labor law has extended the maternity leave to 60 days. The laws around maternity leaves are mentioned in Article 30 of the law.

⚫️ The first 45 days with full pay are granted to female workers and the next 15 days with only half pay.

⚫️ A female worker who delivers a sick child or a child with special needs and whose health condition requires a continuous escort based on a medical report from a medical institution is entitled to another 30 days leave with full pay, commencing from the expiry of the maternity leave. And shall be extended for another 30 days.

⚫️ The employer is obligated to provide maternity leave to the female worker upon her request, beginning from the last day of the month prior to the expected delivery date, supported by a medical certificate from the institution.

⚫️ Dismissing or serving notice to a female worker due to pregnancy, obtaining maternity leave, or taking absence from work is not permissible.

The adjustment to the law protects working women in the private sector from being sacked just because they’re pregnant. This groundbreaking clause will bring less stress to new mothers and suit women re-entering the workforce.

⚫️ A female worker is entitled to the maternity leave stated in the law, if delivery takes place after six months of pregnancy or above, whether the child is stillborn or born alive then passed away.

Paternity Leave

Originally, only workers in the public sector had the right to three days of paternity leave in the United Arab Emirates with pay following the birth of a child. While the male workers in the private sector did not receive any paternity leave benefits and only depends on the business on whether they will exclusively provide it.

But massive thanks to the recent revision in the UAE labor law. The new paternity leave rules which is an important move toward more gender equality and employee empowerment now allows fathers to get some time with their children and help new moms.

Paternity leave is for the male workers which can also be taken by the mother of the child, the leave is up to five paid days and can only be taken if the male employee has completed 1 year of service. The first six months following the child’s birth is when these five days of leave should be taken, requests of leave beyond that timeframe will be considered invalid. Having the knowledge about paternity is important today to guarantee that new fathers obtain the leave which they have the legal rights to.

Fathers have the right to obtain the leave, same entitlements, no matter how many children they will be welcoming.

Applying for Paternity and Maternity Leave in the UAE

In order to apply for the paternity and maternity leave, they must:

1. Let their employers know about the leave.

2. Create a leave plan for the person that will be taking over their responsibilities in the company.

3. Make sure that colleagues are aware of the taken leave.

4. Come back as soon as the duration of the leave ends.

Conclusion

The UAE government continuously makes revisions and adjustments to existing laws and regulations in the country for the best of the community, and learning the rights of the male and female workers will give them a massive advantage in the working field. S & S Lawyers will continue to inform the public about the new laws and certain adjustments.

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