A version of this article was first published in November 2021
A new law regulating private sector work in the UAE grants "groundbreaking" rights for women in the emirates, said legal experts.
Federal Decree-Law No 33 of 2021 has been described as one of the "largest updates" to the laws regulating labour relations, and replaces the previous decree which had been in existence since 1980.
Women are given greater rights, in particular expectant and new mothers, with maternity leave increased by a minimum of 30 per cent.
Employers are allowed to grant longer leave periods for new mothers at their discretion, but the new rules specify the minimum number of days that working women are entitled to take for maternity leave.
Under the current law, maternity leave was 45 days at full pay for those working in the private sector. Now employers must offer a minimum of 45 days at full pay plus 15 more days at 50 per cent pay.
Dubai-based lawyer Ludmila Yamalova described the changes as "a tremendous step forward".
"The new law definitely offers working women better benefits. Maternity leave has been extended by 30 per cent, bringing it on a par with DIFC's rules for mothers," said Ms Yamalova, who is the managing partner of HPL Yamalova & Plewka.
Complications
Once the basic maternity leave leave is used up, women may take a further 45 days without pay, if her child is unwell, or if she has an illness as a result of pregnancy or childbirth, and she is unable to return to her work.
The days can be concurrent or intermittent, and the sickness must be proved with a medical certificate issued by a medical authority.
The new laws also stipulate that a working woman is still entitled to her maternity leave in the event of a still birth at any point from six months of the pregnancy onwards. This also applies if the baby dies at any point within the maternity leave period.
If a baby is born with a disability that means it needs constant care, the mother can take further leave of 30 days with full pay after their basic maternity leave, and this can be extended for a period of 30 days without pay.
The new law also states that men in the private sector can claim five days paternity leave. This was previously the case in some emirates but is now a federal law.
Currently, women working in government departments in the UAE are given a 90-day paid break.
Ludmila Yamalova, lawyer and managing partner of HPL Yamalova & Plewka at her office in Jumeirah Lake Towers. Pawan Singh / The National.
The new law also protects working women in the private sector from being sacked because they are pregnant.
Article 30.8 in the law states, "It is not allowed to terminate the service of a working woman or give her a warning because of pregnancy, of obtaining maternity leave, or of her absence from work in accordance with the provisions of this article."
Ms Yamalova described this clause as "groundbreaking".
"Over the years we've had many clients come to us with claims that they have been fired due to pregnancy, or because they want to take their maternity leave," said Ms Yamalova.
Once women return from their maternity leave, they are entitled to one or two rest periods per day to breastfeed their child, as long as the duration of the two periods does not exceed an hour. This allowance lasts until the baby is six months old.
New flexible working rules mean that returning to work will also be a less stressful process for new mothers.
New articles in the labour law will introduce three new types of work in the UAE, including part-time work, which could suit women re-entering the workforce.
Female employees in a permanent position in the federal government are entitled to 90 days’ maternity leave and male employees are entitled to 3 days’ paternity leave.
As per Article 53 of Federal Decree Law No.11 for the year 2008 on Human Resources in the Federal Government as amended by Federal Decree Law No. 9 for the year 2011, and Federal Decree Law No. 17 for 2016 (PDF, 300 KB), as amended, a female employee in a permanent position shall be granted maternity leave of three months with full salary.
After that, for 4 months from the date of the employee resuming work, she is entitled to 2 hours' reduced working hours to nurse her child either at the beginning or at the end of the working hours. Such breaks are fully paid for.
Maternity leave may not be combined with leave without pay.
As per Article 54 of the same law, a male employee who gets a child is entitled to paid paternity leave for three days during the month of the delivery if the delivery happens in the UAE.
Females are entitled to three months of fully-paid maternity leave. After the female employee resumes, she is entitled to two hours of daily leave for the first year after delivery to nurse her child.
Males are entitled to three days' paternity leave.
Maternity leave in Dubai Government is regulated by Decree No. 14 of 2017 Concerning Maternity, Miscarriage, Stillbirth, and Childcare Leave for Female Employees of the Government of Dubai (PDF, 581 KB).
The decree grants female employee 90 days of maternity leave starting from the delivery date. She may also apply for her maternity leave up to 30 days prior to the expected date of delivery.
Annual leave and unpaid leave can be added to the maternity leave taking the maximum total number of days to 120.
After resuming work and for one year from the date of the baby’s birth, the mother is entitled to 2 hours' reduced working hours to nurse her child, either at the beginning or at the end of the working hours. There is no nursing break for women during the month of Ramadan.
Where a female employee gives birth to a baby with special needs, she will be granted childcare leave for the period from the expiry date of the maternity leave to the date on which her baby completes one 1 year of age.
According to Dubai Government Human Resources Management Law No. 8 of 2018 (PDF 9.52 MB), males are entitled to 3 days of fully paid paternity leave, to be taken within one month of the birth of the child.
Dubai Government Human Resources Department issued the maternity guidelines (PDF, 150 KB, Arabic) for employees of Dubai Government. The guidelines include medical tips for pregnant employees as well as information related to their rights and duties as provided by Decree No. 14 of 2017 on Maternity, Miscarriage/Stillbirth, and Childcare Leave for Female Employees of the Government of Dubai.
Since the issuance of a local decree in 2016, the total period of maternity leave in Sharjah Government is 120 days, comprising 90 days paid leave and 30 days unpaid leave.
The decree permitted to adding annual leave to the maternity leave and granted new mothers two hours for nursing their child for a duration of six months.
Abu Dhabi University is committed to becoming the best institution of its kind in the region. We are a private, multi-campus university committed to meeting the education, skills and knowledge needs in the United Arab Emirates and neighbouring countries through qualifications and standards that are respected across the world.
Sustained economic growth cannot be achieved without social inclusion as the whole of society has a role to play in the development of a country. Federal Law No. 13 of 1972 and its amendments by the law (No.2) in 2001 was issued by the Ministry of Community Development.
Sustained economic growth cannot be achieved without social inclusion as the whole of society has a role to play in the development of a country. Federal Law No. 13 of 1972 and its amendments by the law (No.2) in 2001 was issued by the Ministry of Community Development.
(MOCD) as the first law to provide social benefits to members of the community to ensure and sustain the high quality of living for all UAE citizens. The Ministry continues to work today on enhancing social inclusion for all members of society where social benefits are extended to cover twenty-one segments of the community.
The UAE government has a future vision to change the culture of social support from the current ‘social welfare’ model to ‘sustainable social development’ that encourages independence and growth of families across the UAE.
ADU is determined to overcome all challenges that ADU and our students might face as a result of the poverty. We continue to be dedicated to empowering and inspiring outstanding students to pursue their goals. Our scholarships and financial aid programs are available to all students who want to fund their academic programmes. We consider it our duty to provide equal opportunities to students interested in pursuing higher education, enabling them to contribute to society regardless of their financial situation.
In additional to financial aid, ADU scholarships are being provided to outstanding students, through seven main categories, including the Sheikh Hamdan Bin Zayed Scholarship, the President’s Scholarship, the University Scholarship, the Academic Scholarship, the Athletic Scholarship, the Alumni Scholarship, and the Family Tuition Waiver.
We take pride in attracting the brightest students in the UAE and offer them generous support, to excel in their studies. Our Scholarship and Financial Aid programmes are part of ADU’s corporate social responsibility and are influenced by the UAE’s great leadership. ADU is constantly finding pioneering and innovative ways to support and facilitate the needs of our students to help them achieve their academic degree.
Emirates Red Crescent and Abu Dhabi University recently launched the Education Support Campaign in coordination with Abu Dhabi Cooperative Society and Lulu Group International. Through this collaboration, ADU and Emirates Red Crescent will support disadvantaged students in their university studies, providing them with an opportunity for a successful educational journey. The campaign aims to raise 10 million dirhams, and students will benefit from these funds starting 24 November 2021 and for one year. (This activity is licensed by the Department of Community Development – Abu Dhabi, permit number 022).
Abu Dhabi Cooperative Society and Lulu Group International will aid the campaign by facilitating donations through their different points of sale. Community members will show their solidarity by donating valuable aid to students, starting at two dirhams.
Public donations will be accepted via text message through Etisalat and Du. Bank donations can be sent to Sharjah Islamic Bank - account number (11445518006), IBAN (AE350410000011445518006). Individuals can also donate through the link provided on the Emirates Red Crescent website (https://www.emiratesrc.ae/eduadu), with the donations ranging from ten dirhams to 1,000 dirhams.
H.E. Salem Al Rayes Al Ameri, Deputy Secretary-General for Local Affairs at Emirates Red Crescent, said, "Sponsoring students is one of the permanent and continuous programs within the initiatives of the Humanitarian and Development Authority. We continue to witness a high rate of response and generosity from sponsors and benefactors. These donations are considered a true embodiment and reflection of the authority's efforts to invest in empowering individuals and guiding them towards achieving their aspirations and fulfilling their dreams."
Al Ameri added, "The Authority acknowledges the important role it plays in preparing future generations for the responsibilities of tomorrow."
Al Ameri praised the existing cooperation between the Emirates Red Crescent and Abu Dhabi University, which seeks to support education and provide opportunities to disadvantaged students whose family circumstances prevent them from continuing their educational path. The cooperation embodies Abu Dhabi University's commitment to fulfilling its social responsibility, as well as its leading academic role in advancing science and education as the most important pillars of human development in the country. He also praised the role of the Abu Dhabi Cooperative Society and Lulu International Group in supporting the activities of the campaign.
Salem Mubarak Al Dhaheri, Executive Director of Community Relations at Abu Dhabi University, said, "Abu Dhabi University is proud of its strategic partnership with Emirates Red Crescent in launching the Education Support Campaign. The campaign aligns with Abu Dhabi University's mission to support students and allows us to share social responsibilities with the community. We are proud of the continuous cooperation and renewed partnership with Emirates Red Crescent in launching campaigns that carry a noble message and achieve a tangible and real impact on our society."
Al Dhaheri added, "Abu Dhabi University appreciates the role of the Abu Dhabi Cooperative Society, Lulu International Group, and all participating partners in supporting the campaign activities. Investing in our young people and building an educated generation capable of leading the continued development of our country is vital."
Abdul Majeed Al Khouri, the Executive Director of the Abu Dhabi Cooperative Society, commented, "Our participation in the Education Support Campaign confirms the depth of the decades-old relationship between the Abu Dhabi Cooperative Society and Emirates Red Crescent. With God's grace, it has gone beyond humanitarian work and now encompasses sustainability. We are proud of this pioneering partnership. The Abu Dhabi Cooperative Society has always sought to serve the community of the UAE and we continuously contribute to helping and supporting various sectors in Abu Dhabi and the other Emirates."
Al Khoori added, "The initiatives adopted by the Abu Dhabi Cooperative Society reflect our passion towards aiding societal struggles related to education. Abu Dhabi Cooperative Society has initiated partnerships with ministries and governmental institutions, such as the Ministry of Social Affairs and the Emirates Red Crescent, to create opportunities for those who dream of pursuing their educational journey. In the last few years, we doubled our efforts and developed initiatives that will allow us to serve our country and consolidate the concept of social responsibility. We are proud to be part of an institution that provides its students with an environment that values charitable work and social development while simultaneously providing high-quality education and academic qualifications that are respected worldwide."
Mr. Aboobakker TP, Director of LuLu Hypermarkets Abu Dhabi and Al Dhafra region, said, "This initiative embodies the belief and commitment of LuLu Group in the bright future of the UAE and the power of the Emirati youth to shape it."
"Education is one of the strongest building blocks for a nation's future, and LuLu Group is honored to share in raising valuable funding for needy students," he continued. "It empowers Emirati youth to contribute to their best potential and lead the future of the country. It is particularly timely that this campaign comes on the eve of the 50th anniversary of the UAE's nationhood. We at LuLu Group International are proud of our identity as a 'homegrown' UAE brand and see this participation in the 'Let's Support Their Future' campaign as our humble contribution to the nation that gave us so much to build upon."
Abu Dhabi University is committed to becoming the best institution of its kind in the region. We are a private, multi-campus university committed to meeting the education, skills and knowledge needs in the United Arab Emirates and neighbouring countries through qualifications and standards that are respected across the world.