Question: I am pregnant and will be going on maternity leave soon. I will need to return to work as soon as my maternity leave is up.
I have been saving up my annual leave and want to add the accrued days to my maternity leave. Is this allowed? In addition, do I continue to build up annual leave when I am on maternity leave? AC, Abu Dhabi
Answer: AC works for a mainland company and is entitled to 60 days' maternity leave under Article 30 of the UAE's labour law. This is paid as “the first (45) forty-five days with full wage; and b. the following (15) fifteen days with half wage”.
Watch: New UAE labour laws come into effect
New UAE labour laws come into effect
There is nothing in the UAE labour law that states annual leave cannot be added to maternity leave, but it needs to be cleared with AC's line manager or HR department and may depend on company policy.
In respect of accruing annual leave, the law states: “Being on a maternity leave or absent from work as mentioned in this Article shall not prejudice the female worker’s right to obtain the other leaves.”
This means AC should receive all employment benefits and maternity leave is deemed part of normal service with a company. Annual leave days will continue to be accrued during this period.
AC should also note that she is entitled to an additional 45 days of leave without pay, if she is unwell as a result of pregnancy or childbirth. The inability to work must be confirmed with a medical certificate.
These additional leave days can be consecutive or intermittent.
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Q: I am a British citizen and returned to the UAE in March 2019 to work for a company in Dubai.
My work visa will be cancelled on June 3 and I will receive my final settlement shortly afterwards. I have no loans and owe nothing on my credit card.
Do you recommend that I visit my bank before my visa is cancelled and inform them so they do not freeze my account, as I am still searching for employment?
I planned a one-week holiday in the UK months ago. I am still taking this short trip but I leave a few days after my work visa is cancelled.
I am hoping to secure a new job when I return, which will give me a new visa from the new employer. Do I need to obtain a good conduct and behaviour certificate from the UK and Dubai to apply for a new job here?
I have worked for three companies in Dubai since 2008 and never had to do this in the past. DS, Dubai
A: When a final salary payment is paid, the employer will mark it as “final salary”, which advises the bank of the change of status and/or employment.
Some banks will automatically freeze an account but if there are no liabilities, such as loans or outstanding credit card balances, it should be quickly unfrozen.
There should be no need to go to a bank in this situation and if the account is frozen and remains so for more than a day or two, you can request for it to be unfrozen. Without liabilities, there is no reason to freeze an account.
If access to your account is restricted temporarily, I suggest you withdraw some cash before the last salary payment to avoid any potential issues.
It has never been obligatory to provide any kind of good conduct certificate for employment in the UAE.
Depending on the occupation, a certificate can be requested. It is common for teachers and people in “caring” professions to be asked for one. Certificates are easily obtained in the UAE and Dubai residents can apply for it through the Dubai Police app.
A similar request for a UK equivalent is less likely if someone has already been in the UAE for a few years.
Should a UAE employer request confirmation from the UK, this is likely to be a DBS (disclosure and barring service) check.
This provides confirmation to an employer that a person does not have a criminal record and is usually requested for people who may work with children or vulnerable adults, so largely teaching or medical staff.
If a UAE employer requests a UK certificate of this nature, it can be obtained through a number of UK government-approved websites.
If a police certificate is required from the UK, information can be obtained from the Criminal Records Office.
Note that when an employment visa is cancelled and a person is in a grace period, if they then leave the UAE, they will re-enter on a tourist visa.
Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 30 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only
