The UAE legal framework prohibits discrimination against pregnant employees, and they are protected under labor laws. These laws include rights on maternal leave, workplace accidents, and breaks for lactating mothers so that they can balance employment and family obligations suitably. This guide will provide you with an in-depth look at the rights and protections available under UAE Law for Pregnant Employees.
Maternity Leave
Duration and Pay Structure
- Duration: The UAE offers female employees a maternity leave of 60 days.
- 45 Days Fully Paid: For the first 45 days, the leave is paid in full which means financially secure for a while as they prepare for birth and to attend to the new baby.
- 15 Days Half Paid: The remaining 15 days are at half pay, providing additional time for recovery and bonding.
- Early Leave Option: Premiternity leave may start a month before the due date when the employees so wished upon the doctor’s advice. This helps a woman who is pregnant to prepare physically and mentally for the incoming baby without feeling.
Extension of Maternity Leave
In special cases, the law allows for an extension of maternity leave, helping to cover unforeseen medical needs:
- Illness or Complications: If the mother suffers from any illness that is directly connected to pregnancy or childbirth, she may take an additional 45 days unpaid leave. The illness needs to be supported by medical records.
- Disability of Newborn: If the child is born with a disability or any other disease, the mother can also use forty-five days of unpaid leave to attend to the child.
Breastfeeding Breaks
When mothers go back to work, they are legally allowed to take breastfeeding breaks, which are meant to benefit the mother and the new born.
Paid Breaks for Breastfeeding
- Duration of Breaks: Employees, especially mothers, are permitted two breaks for the purpose of breastfeeding their kids every day and each break must not exceed half an hour. These breaks are fully paid and are being seen as breaks during the working-hours.
- Flexibility in Timing: Mothers have the option to take these breaks at the beginning or end of the workday, or they can divide them into two shorter breaks based on their schedule. This flexibility helps mothers manage both work and breastfeeding without added stress.
Benefits of Breastfeeding Breaks
The UAE’s law on breastfeeding breaks is a testament to its efforts to protect and promote maternal health and benefits of children. These breaks:
- Promote Bonding: These breaks support the mother-child bond, essential for the emotional and physical health of both.
- Encourage Healthier Choices: Most people know the health benefits of breastfeeding, and with the provision of paid breaks, the law allows mothers to continue breastfeeding at the workplace.
Protection Against Discrimination
The UAE labor law offers employment discrimination protection for pregnant employees, and employers are prohibited from discriminating against these employees based on pregnancy.
Employment Termination Protection
- Job Security During Pregnancy: Employers cannot terminate a pregnant employee due to pregnancy, childbirth, or any maternity-related reason. This ensures that pregnant women can work without fear of job loss due to their condition.
- During Maternity Leave: Taking a break from work due to pregnancy is also protected which means that employees cannot be fired and they can have time off, take care of their bodies, and spend time with the family.
Protection from Pregnancy-Based Discrimination
- Equal Treatment in the Workplace: Regarding pregnant women, the law specifically does not allow discrimination whether of assignment, evaluation, or promotion.
- Rights During Pregnancy and Beyond: This protection goes well beyond just employment during maternity leave, and extends to guaranteeing that pregnant women are afforded equal opportunities for promotions, bonuses or any other incentives for employees.
Reporting Discrimination
Pregnant employees who experience discrimination can take steps to protect their rights:
- Report to Human Resources (HR): Pregnant employees should first report any discrimination or unfair treatment to their HR department. Many companies in the UAE have policies in place to address such complaints.
- Seek Legal Assistance: If the issue is not resolved through HR, employees can consult with legal professionals to pursue their rights under UAE law.
Workplace Safety for Pregnant Employees
The protection of pregnant employees at the workplace is another illegal consideration under the UAE labor law. Employers are obliged to make necessary adjustments at work to protect the health and well-being of both the woman and her offspring.
Safe Working Conditions
- Avoidance of Hazardous Work: Employers also have a legal obligation to neither allow pregnant employees to undertake or be exposed to any activity that may harm the expectant mother or her unborn child.
- Health Precautions: If an employee’s role involves potentially hazardous conditions, the employer should either reassign her to a safer position or make necessary adjustments to her current role to minimize any risk.
Reasonable Accommodations
To enhance the safety measures in place for employees in the UAE, the law compels employers to provide accommodation to their women employees who are pregnant. These adjustments might include:
- Flexible Work Hours: Employers can allow pregnant women to work fewer or let them take leave during pregnancy if they so wish.
- Adjusted Job Duties: In essence, if the acts required in a place of work are dangerous, the employers should ensure that the responsibility is reduced to cater to the health of the pregnancy of the affected employee.
- Access to Rest Areas: Employers should ensure that pregnant employees have access to appropriate rest areas within the workplace, providing a place to relax and recharge during breaks.
Additional Considerations
Most of these provisions apply across the board; however, it is essential to look at some finer points related to the government employee and laws of various emirates.
Private vs. Public Sector
- Private Sector Regulations: Most of the provisions highlighted here are related to the private sector, to guarantee that all private entities demand comparable practices regarding maternity leave and pregnancy discrimination.
- Public Sector Benefits: Dubai, among other Emirates for instance, has improved employee benefits available to the public staff like maternity leave. Government employees can refer to several specific laws or contact the Human Resources departments for more details.
Consulting HR for Company-Specific Benefits
While UAE law sets a baseline for maternity leave and pregnancy-related protections, companies often offer additional benefits:
- Additional Maternity Leave: Certain employers offer more days of paid maternal leave than the legal standards call for.
- Flexible Return-to-Work Policies: Some organizations have workplace transition programs which are transitional return-to-work programs for mothers who have taken time off due to pregnancy.
Key Resources for Pregnant Employees
Employee pregnancy in the UAE entitles them to access a host of information and seek assistance if necessary.
UAE Ministry of Human Resources and Emiratization (MOHRE)
The MOHRE serves as the main labor authority in the UAE. This is responsible for supervising the labor laws as well as enforcing them. Pregnant employees can use the MOHRE website or contact their offices for:
- Official Labor Law Updates: Staying informed of any changes or additions to labor law regarding maternity leave and workplace protections.
- Guidance on Employment Rights: MOHRE can help employees clarify the laws related to maternity.
Local Labor Offices
In addition to MOHRE, pregnant employees can visit local labor offices where the latter provide individual advice and can assist with particular issues. Local labor offices are equipped to:
- Address Complaints: Employees can report any issues related to maternity discrimination or unsafe work conditions.
- Offer Guidance on Company Policies: Local offices of labor can provide relevant information on how policies of specific companies conform to federal laws of labor.
Legal Advisors
In case of some complicated or unsolved questions, there is legal consultation available further. Some key services they offer include:
- Personalized Legal Advice: A legal advisor will be in a good position to advise depending on your circumstances with your employer.
- Assistance with Filing Claims: If discrimination or rights violations take place legal consultants assist in the filing of a complaint.
Final Words
For pregnant employees, it is good to know UAE labor laws, to ensure that their rights are safeguarded as provided by the law. Such protections are meant to contain the health and safety of working mothers and also; financial stability and workplace equality. If you communicate with your HR, keep yourself abreast with these updates, and access these resources, you will be in a position to reclaim these laws and more importantly, think about work-life balance as you prepare for motherhood.
