5 Important Facts to Remember About Parental Leaves in UAE

Posted by Awatif Mohammad Shoqi Advocates & Legal Consultancy on February 9th, 2022

The UAE government has introduced amendment to the Labor Law through a Federal Decree Law No. 6 of 2020. Through the amendment the government has furnished five paid working days of parental leave to the parents, which they can take within six months from the date a child is born. No service qualification is provided as the basis in order to avail this benefit as confirmed by Employment lawyers of Dubai.

In UAE, the condition of parental leaves is different for the mother and the father; for he employees of private and public sectors and for the employees under the different jurisdictions of Dubai International Financial Centers. Unlike the maternity leaves, which apply to all the women of the private sector irrespective of the jurisdiction, this amendment of paternity leaves mainly applies to all the companies belonging to the private sector of the mainland and Outside the free-zones that are regulated by the DIFC or Abu Dhabi Global Market.

UAE PATERNITY LEAVES

Before the amendment of the labor law, the law did not provide for any kind of the parental leave to the male employee or the paternity leaves that they could take within the time period of first six months from the birth of the baby. Still some companies added the provision of allowance for the same at their own discretion.

After the introduction of the amendment of the Labor law, now five paid leaves can be taken by the male parent within the six months of the birth of the child.

UAE MATERNITY LEAVES

The labor law of the UAE provides for forty five paid leaves to the mother within the six months of the birth of the baby. The prerequisite for such benefit is that the employee demanding for such leave may have completed one year as an employee as on the date of birth of the child.

If she has not completed the period of one year of employment in the company, then she will be allowed to take 45 days maternity leave but on half payment. The basis on which this maternity benefit is charged is the gross wages and not the basic wage of the employee.

The time period of the parental leaves have to be calculated on the basis of the calender year. What this means is that weekends will be included in these forty five days. These leaves can either be taken before or after the birth of the baby. But the pregnancy sickness before the birth of the baby and the complications faced through the pregnancy process are covered under sick leaves, i.e. the person is entitled to take sickness leaves.

According to the labor law, the sickness leaves provided for under the law are ninety per year. These 90 leaves can be taken either continuously or through non consecutive manner. But all these sickness leaves are not fully paid. They are paid in the following manner: firstly, for the first fifteen days, the employees are paid in full, secondly, for the next thirty days, they are paid in half and thirdly after end of these 45 days they are not paid.

In addition to these 45 days maternity leaves, the women can also apply for 100 days of non-paid leaves, owing to the sickness or health related issues caused due to the pregnancy or the delivery of the baby. A medical certificate needs to be provided in support of the same. For the purpose of these 100 days, the women are not differentiated between the employees with working period of one year or less than one year.

Not only this, the women can also take two breaks in order to nurse their child for not more than half an hour for full eighteen months. These 45 days of maternity leaves will also be counted as a regular period of employment for the purpose of end of service gratuity. But any addition of unpaid leaves to these 45 days will not be countable for the same gratuity.

Conclusion:

Clearly, there is a discretion for the women for the purpose of parental leaves in UAE. This is yet another way to promote the empowerment of the women through a legislative way by the government. This eventually results in the attraction of the expatriates to the country with favorable labor laws.