Tim Elliott
Welcome to Lawgical, the UAE’s first and, as far as we believe, still the only legal podcast. My name’s Tim Elliott. Lawgical comes to you from the Dubai-based legal firm, HPL Yamalova & Plewka. And as ever, here’s the managing partner, Ludmila Yamalova. Good to see you.
Ludmila Yamalova
Good to see you too, Tim.
Tim Elliott
This time, it’s a very special edition of Lawgical. We took a quick look at the new UAE employment law recently, and I want to dive into detail because there’s an awful lot to discuss. Let’s move on to maternity leave. Ludmila, you mentioned it briefly earlier, but there’s a lot to digest here. Employed females are now entitled to 60 days of maternity leave. How is leave for new mothers broken down under the law?
Ludmila Yamalova
This is a significant change in the law. Previously, maternity leave was 45 days at full pay. Now, maternity leave is 60 days—an additional 15 days. The first 45 days remain at full pay, and the next 15 days are at half pay. Additionally, maternity leave is granted to women who have completed at least six months of pregnancy.
Groundbreakingly, the law now provides the same 60 days of maternity leave for women in cases of miscarriage or newborn death after six months of pregnancy. This is a profound development, recognizing the need for women in such situations to have time to grieve and recover.
Furthermore, maternity leave can be extended for mothers of sick or disabled children. In such cases, women are entitled to an additional 30 days of maternity leave at full pay, followed by 30 days of unpaid leave. In total, this amounts to 120 days of leave—90 days paid and 30 days unpaid. This provides critical support for mothers navigating difficult circumstances.
Tim Elliott
That’s a considerable improvement. What about protection for women returning to work after maternity leave?
Ludmila Yamalova
The law expressly prohibits termination on the grounds of pregnancy or maternity leave. Employers cannot terminate a woman for taking maternity leave, being on leave, or returning from leave.
Additionally, for the first six months after returning to work, mothers are entitled to nursing breaks—up to one hour per day—either to express milk at the workplace or to go home and nurse their child. This provision ensures flexibility for new mothers to continue caring for their babies while working.
Tim Elliott
This is truly progressive. What are your thoughts as both an employer and a legal expert?
Ludmila Yamalova
As an employer, I understand the potential concerns about increased liabilities. However, these changes strike a fair balance. Employers who plan for these provisions in their budgets should not find them burdensome.
From a broader perspective, these protections are a win for both employees and the labor market. They create a more inclusive environment, allowing women to remain active in the workforce without sacrificing their rights or the well-being of their families.
Tim Elliott
That’s part five of this special series on the new UAE employment law, focusing on maternity leave. Ludmila Yamalova is the managing partner here at HPL Yamalova & Plewka and a legal expert on Lawgical. Thank you, Ludmila.
Ludmila Yamalova
Thank you, Tim. As always, it’s been very insightful to discuss this with you.
Tim Elliott
You can find us at LYLAW on social media—Facebook, Instagram, LinkedIn, TikTok, wherever you like. We’ve also got a searchable library of hundreds of podcasts on various legal issues in the UAE, all free to download and listen to. If you’d like a legal question answered in a future episode of Lawgical or a consultation with a qualified UAE-experienced legal professional, click the Contact button at LYLawyers.com.
