If I have completed more than 1 yearwith the company, am I eligible for maternity leave and pay or not?

UPDATED: Mar 7, 2012

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If I have completed more than 1 yearwith the company, am I eligible for maternity leave and pay or not?

I joined the company 13 months ago. Despite making several request they have not processed my labor card for this period. Now that I am pregnant and informed them about my maternity, they are trying to terminate me? Can I register a case against them in the UAE labor court for the same or not?

Asked on March 7, 2012 under Employment Labor Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are a member of a union and/or your workplace is subject to a union or collective bargaining agreement, then you need to look to your union agreement/contract to see your rights. There is no way to answer your question in general; when there is any employment agreement, including a union agreement, its specific terms control to the extent that they address the issue.

Leaving aside any union contract: the law does not generally require maternity pay--companies may provide it, but are not required to.

If your company and you are both covered by the Family and Medical Leave Act (FMLA), then you can at least take up to 12 weeks of unpaid leave for child birth and care of a newborn. If you have worked more or less full time for 13 months, you should qualify; for the employer or company to also be covered, it must have at least 50 employees working within a 75-mile radius. Assuming both you and the company meet the criteria, you could take unpaid leave.

Finally, U.S. law makes it illegal to discriminate against women in the workplace on the basis of pregnancy, so if they are threatening to fire you because they found out you are pregnant, this may be illegal employment discrimination and you may have a legal claim; you should discuss the matter with an employment law attorney, or you could contact your state labor department or civil rights division.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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