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United Arab Emirates - Maternity protection - 2011


LAST UPDATE

18 April 2011

Data quantity

NORMAL

SOURCES


Name of Act

Law Concerning the Regulation of Labour Relations - Federal Law No 8 of 1980, Issued on 20/4 / 1980 corresponding to 6 Jumâdâ al - Akhir 1400H, incorporating amendments up to Federal Decree Law No 08/2007 dated 13/11/2007; as published on the Ministry of Justice Legislation Portal and accessed 14 April 2011
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Name of Act

Law No 5 of 1983 Concerning Nurseris Issued on 6/6 / 1983 corresponding to 25 Sha’aban 1403 H in Official Gazette Issue No 127 and published on the Ministry of Justice Legislation Portal

Name of Act

Law concerning the Establishment of the Mother and Child Supreme Council No. 1 of 2003 Issued on 30/7 / 2003, corresponding to 30 Jumada al - Awwal 1424 H in the Official Gazette , issue no. 401, p. 11 and published in the Ministry of Justice Legislation Portal, as accessed on 15 April 2011

Name of Act

Ministerial Resolution 46/1 of 1980 Specifying the professions women can practice from 10pm to 7am; published on the Ministry of Labour website accessed 8 April 2011

Name of Act

Ministerial Resolution 47/1 of 1980 Excluding some fuondations from some rules mentioned in the law regulating the employment relations concerning the work of women and youth; as published by the Ministry of Labour and accessed 8 April 2011
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Name of Act

Ministerial Resolution 6/1 of 1981 specifying the dangerous, strict or morally and hygienically harmful jobs women are not allowed to perform; as published by the Ministry of Labour and accessed 8 April 2011
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MATERNITY LEAVE

The Labour Law 1980 establishes an entitlement to maternity leave.

Scope

The entitlement to maternity leave mirrors the scope of the Labour Law, subject to any exemptions granted by the Minister of Labor and Social Affairs to philanthropic and educational institutions.
Labour Law 1980 §§1,3, 33
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Qualifying conditions

No qualifying conditions identified for the entitlement to 45 days’ maternity leave.
Labour Law 1980 §30
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Duration

The female worker shall be entitled to a maternity leave for a period of forty five days that include the pre- and postnatal periods.
Labour Law 1980 §30

Compulsory leave

No compulsory leave requirements identified.

General total duration

45 days.
Labour Law 1980 §30
Historical data (year indicates year of data collection)
  • 2009: 45 days.
  • 2004: 45 days.
  • 1998: Forty-five days
  • 1994: Forty-five days

Extension

Upon the end of the maternity leave, the worker may remain absent from work without pay for a period of 100 consecutive or non-consecutive days at most, should such absence be caused by an illness hindering her from returning to work. Such illness shall be established by means of a medical certificate issued by the medical entity appointed by the competent health authority or ratified by such authority stating that such illness arises from the pregnancy or the delivery.
Labour Law 1980 §30

Leave in case of illness or complications

Upon the end of the maternity leave, the worker may remain absent from work without pay for a period of 100 consecutive or non-consecutive days at most, should such absence be caused by an illness hindering her from returning to work. Such illness shall be established by means of a medical certificate issued by the medical entity appointed by the competent health authority or ratified by such authority stating that such illness arises from the pregnancy or the delivery.
Labour Law 1980 §30

RELATED TYPES OF LEAVE

No related types of leave identified.

RIGHT TO PART-TIME WORK

No right to part-time work identified.

CASH BENEFITS

Maternity leave is to be paid.

Maternity leave benefits

The female worker shall be entitled to a maternity leave with full payment of the wage thereof.
Labour Law 1980 §30

Qualifying conditions

The worker must have served a continuous service period for the employer is of one year at least to be entitled to maternity leave on full pay. The maternity leave shall be granted with half a wage should the worker not have completed the aforementioned period.
Labour Law 1980 §30

Duration

45 days.
Labour Law 1980 §30

Amount

100 per cent of the worker’s wages if she has completed one continuous year of service, or 50 per cent of the worker’s wages if she has not.
Labour Law 1980 §30
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Historical data (year indicates year of data collection)
  • 2009: 100 per cent after one continuous year of employment (50 per cent before this)
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Employer
Labour Law 1980 §30
Historical data (year indicates year of data collection)
  • 2009: Employer
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

MEDICAL BENEFITS

No entitlement to pregnancy-related medical benefits identified.

BREASTFEEDING

The Labour Law establishes an entitlement to 2 paid nursing breaks per day for the 18 months following childbirth.
Labour Law 1980 §31

Right to nursing breaks or daily reduction of hours of work

During the period of eighteen months subsequent to the date of delivery, the nursing worker shall be entitled, in addition to the determined rest period, to a two additional periods per day for such purpose, the duration of each thereof not exceeding half an hour.
Labour Law 1980 §31

Remuneration of nursing breaks

The additional nursing break periods shall be deemed as part of the working hours and do not entail any deduction of the wage.
Labour Law 1980 §31

Nursing facilities

No requirement on employer to provide nursing facilities identified.
Law No 5 of 1983 Concerning Nurseries
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HEALTH PROTECTION

An entitlement to additional paid breaks for breastfeeding is established and limitations are imposed on engaging women in dangerous work.
Labour Law 1980
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Arrangement of working time

No provisions particular to pregnant employees or new mothers identified.

Night work

Women (whether or not pregnant) may not be employed at night, except in the following circumstances:
a - When work in the firm ceases by a force majeure;
b - Work in administrative and technical position;
c - Work in health services and other jobs determined by virtue of a decision issued by the Minister of Labor and Social Affairs should the working woman not normally practice a manual work.
Labour Law 1980 §§27, 28
Ministerial resolution 46/1 of 1980
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Dangerous or unhealthy work

There is a general prohibition on the employment of women in hazardous, strenuous or physically or morally harmful jobs, but no protections specific to pregnant women or new mothers.
Labour Law 1980 §29

General

The women labor in hazardous , strenuous or physically or morally harmful jobs , as well as other jobs determined by virtue of a decision issued by the Minister of Labor and Social Affairs upon the consultation of the competent authorities shall be prohibited.
Labour Law 1980 §29

Particular risks

Work that is deemed hazardous, strenuous or physically or morally harmful to women is set out in the Ministerial Resolution 6/1 of 1981, specifying the dangerous, strict or morally and hygienically harmful jobs women are not allowed to practice.
Ministerial Resolution 6/1 of 1981 §1

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

Limited non-discrimination and employment security protections exist.
Labour Law 1980

Anti-discrimination measures

The female worker shall be granted a wage equal to that of the man should she be performing the same work.
Labour Law 1980 §32

Prohibition of pregnancy testing

No prohibition on pregnancy testing identified.

Protection from discriminatory dismissal

The Labour Law establishes a complaint process in the event that a worker is arbitrarily dismissed. The remedy in the event that aribtrary dismissal is established is compensation; there is no right to reinstatement in the event of arbitrary dismissal.

There is also a prohibition on terminating the employment of workers who are unfit for work, unless the workers’ sick leave entitlements are exhausted.
Labour Law 1980 §§122, 123, 124

Guaranteed right to return to work

No guaranteed right to return to work identified.

Results generated on: 17th April 2014 at 14:36:10.
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