Maternity and Paternity Leave in the UAE: A Guide
to Labour Laws
The United Arab Emirates (UAE) has made significant strides
in recent years to enhance employee rights and promote work-life balance,
particularly for working parents. Maternity and paternity leave policies in the
UAE are designed to support new parents during critical phases of their lives.
This article provides an overview of the maternity and paternity leave
entitlements under UAE labour laws, as well as the implications for employers
and employees.
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Maternity Leave in the UAE
Entitlements
Under Federal Decree-Law No. 33 of 2021 (the
UAE Labour Law), which came into effect on February 2, 2022, female employees
in the UAE are entitled to the following maternity leave benefits:
- Duration
of Leave:
- 60 days of
fully paid maternity leave.
- The first 45
days are paid at 100% of the employee’s salary.
- The remaining 15
days are paid at 50% of the employee’s salary.
- Additional
Leave for Special Cases:
·
If a female employee gives birth to a child with
a disability or illness that requires continuous care, she is entitled to
an additional 30 days of fully paid leave.
·
This can be extended for another 30 days without
pay, subject to medical certification.
- Flexible
Working Hours:
·
After returning from maternity leave, female
employees are entitled to two hours of reduced working hours per day for
the first six months, without a reduction in salary.
·
These hours can be used at the beginning or end
of the workday, as agreed with the employer.
Eligibility
- Maternity
leave is available to all female employees, regardless of their tenure
with the company.
- Employees
must notify their employer of their pregnancy and expected due date to
avail of the leave.
Key Considerations
- Employers
are prohibited from terminating a female employee during her maternity
leave, except in cases of gross misconduct.
- Female
employees are entitled to return to the same position or an equivalent
role after their maternity leave.
Paternity Leave in the UAE
Entitlements
The UAE Labour Law also introduced paternity leave for the
first time, recognizing the importance of fathers in childcare. The provisions
are as follows:
- Duration
of Leave:
- 5
working days of fully paid paternity leave.
- This
leave must be taken within six months of the child’s
birth.
Eligibility
- Paternity
leave is available to all male employees in the private sector, regardless
of their tenure with the company.
- Employees
must notify their employer in advance to avail of the leave.
Key Considerations
- Paternity
leave is a significant step toward promoting gender equality and shared
parenting responsibilities in the UAE.
- Employers
are encouraged to support male employees in taking this leave to foster a
family-friendly workplace culture.
Comparison with Previous Laws
Before the introduction of Federal Decree-Law No. 33 of
2021, maternity leave in the UAE was governed by the UAE Labour Law of
1980, which provided:
- 45
days of fully paid maternity leave.
- An
additional 15 days of unpaid leave if medically
necessary.
- No
provision for paternity leave.
The new law represents a significant improvement in parental
leave benefits, aligning the UAE with global standards and promoting employee
well-being.
Implications for Employers
- Compliance:
- Employers
must ensure compliance with the new labour laws to avoid penalties and
legal disputes.
- HR
policies should be updated to reflect the latest maternity and paternity
leave entitlements.
- Workplace
Culture:
- Offering
generous parental leave benefits can enhance employee satisfaction,
loyalty, and productivity.
- Employers
should foster a supportive environment for working parents, including
flexible work arrangements.
- Cost
Management:
- Employers
need to account for the costs associated with paid parental leave in
their budgeting and workforce planning.
Implications for Employees
- Awareness:
- Employees
should familiarize themselves with their rights under the UAE Labour Law
to ensure they receive their entitled benefits.
- Proper
documentation, such as medical certificates, may be required to avail of
maternity or paternity leave.
- Work-Life
Balance:
- The
new parental leave policies enable employees to balance their
professional and personal responsibilities more effectively.
- Employees
should communicate with their employers to plan their leave and ensure a
smooth transition.
Conclusion
The UAE’s updated labour laws reflect a progressive approach
to supporting working parents, with enhanced maternity leave and the
introduction of paternity leave. These changes not only benefit employees but
also contribute to a more inclusive and family-friendly workplace culture.
Employers and employees alike should embrace these provisions to foster a
supportive and productive work environment.
By prioritizing the well-being of working parents, the UAE
is setting a positive example for other nations and reinforcing its commitment
to employee rights and gender equality
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