Paternity leave in UAE. Revolutionizing Fatherhood

Paternity Leave in UAE

Paternity leave in the UAE marks a significant stride toward family-friendly workplace policies. This policy recognizes the essential role fathers play in the early days of a newborn's life and underscores the nation's commitment to supporting family welfare and gender equality in the workplace.

Understanding Paternity Leave

Paternity leave refers to the time off from work that a father is entitled to after the birth of his child. This period allows him to support his partner and bond with his newborn. It is crucial for the emotional and physical well-being of the family, providing fathers with the opportunity to be actively involved in early childcare responsibilities.

The Significance of Paternity Leave for Families

Paternity leave is profoundly important for families. It promotes a balanced division of child-rearing duties and supports the mother's recovery post-childbirth. It fosters a stronger bond between the father and the child, contributing to the child's development and the overall harmony of the family unit.

What is the Paternity Leave in UAE

In the UAE, paternity leave is regulated under the UAE Labour Law, specifically Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations. Here is a comprehensive overview of the provisions related to paternity leave in the UAE.

Paternity Leave in the UAE

Eligibility

• Employee Coverage: Paternity leave applies to male employees in both the private and public sectors.
• Scope: The employee must be legally married and the leave is granted on the birth of his child.

Duration

• Leave Period: Male employees are entitled to five working days of paternity leave.
• Time Frame: The paternity leave can be taken anytime within six months from the birth of the child.

Salary and Benefits

• Paid Leave: Paternity leave is fully paid. The employee is entitled to receive his full salary during the paternity leave period.

• Paternity Leave Duration: Fathers working in the private sector are entitled to 5 days of paternity leave, to be taken consecutively or intermittently, within six months from the date of the child's birth.
• Public Sector Benefits: The entitlement is more generous for the public sector. Federal government employees are granted paternity leave per the specific regulations applicable to their employment, which, in some cases, could be more than what is offered in the private sector.
• Objective and Benefits: The law aims to support familial bonds from the earliest stages of a child's life, promote gender equality in caregiving responsibilities, and aid in the mother's postnatal recovery.

Legal Framework

• Federal Decree-Law No. 33 of 2021: The law provides the basis for paternity leave in the UAE, ensuring that employees in both private and public sectors are granted this leave.
• Ministerial Resolutions: Further details and procedural aspects of paternity leave may be outlined in ministerial resolutions and guidelines issued by the Ministry of Human Resources and Emiratisation (MOHRE).

Key Points to Note

1. Non-Transferable: Paternity leave is specifically for male employees and cannot be transferred or exchanged with other types of leave.
2. Combination with Other Leave: Subject to employer approval, employees can combine paternity leave with other types of leave (such as annual leave) if needed.
3. Job Security: Employees taking paternity leave are protected from dismissal or any adverse action due to taking the leave. Their job position and benefits should remain unchanged during and after the leave period.
4. Employer Obligations: Employers must comply with the paternity leave provisions, ensuring that eligible employees are granted the leave and paid accordingly.

What is the Eligibility Criteria for Paternity Leave in UAE

Eligibility Criteria for Paternity Leave in the UAE

The eligibility criteria for paternity leave in the UAE are governed by Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations. Here is a detailed breakdown applicable to both the private and public sectors:

Employment Sector

• Applicability: Paternity leave applies to male employees in both the private and public sectors.

Employment Status

• Requirement: The employee must be currently employed in the UAE's private or public sector.

Legal Marriage

• Proof: The employee must be legally married. The employer may require proof of marriage to process the paternity leave request.

Birth of a Child

• Event: Paternity leave is granted upon the birth of the employee’s child. It can be taken anytime within the first six months following the birth of the child.

Proof of Birth

• Documentation: The employee must provide a copy of the child’s birth certificate to substantiate the claim for paternity leave.

Notification and Documentation

• Process: The employee must notify his employer about the intention to take paternity leave. This typically involves submitting a formal leave application and the required documents, such as the birth certificate and proof of marriage.

Additional Conditions

1. Duration of Employment: No Specific Duration: Under the law, no specific duration of employment is required to be eligible for paternity leave. However, individual company or government entity policies may vary, so employees should check with their HR department for any additional requirements.
2. Leave Period: Duration: Paternity leave entitles the employee to five working days of leave, which can be taken consecutively or non-consecutively within six months of the child’s birth.
3. Paid Leave: Salary Entitlement: Paternity leave is fully paid, meaning the employee is entitled to receive his full salary during the leave period.

Same Provisions for Private and Public Sector

• Uniform Application: The provisions for paternity leave are the same for private and public sector employees, ensuring equal benefits and rights across different employment sectors in the UAE.

Example Scenarios

1. Scenario 1: New Employee in the Private Sector
   • An employee who recently joined a private company whose child is born shortly after his start date is eligible for paternity leave, provided he meets the legal marriage and proof of birth criteria.
2. Scenario 2: Government Employee
   • A government employee whose child is born while employed is eligible for paternity leave under the same conditions, including providing necessary documentation and notifying the employer in advance.

Required Documentation for Paternity Leave in the UAE

Employees must provide specific documentation to ensure smooth processing and approval of paternity leave. Here is a detailed list of the required documentation for both private and public sector employees:

Documentation required

1. Proof of Marriage: Marriage Certificate: A copy of the employee's marriage certificate to confirm the legal marital status.
2. Proof of Child’s Birth: Birth Certificate: A copy of the child’s birth certificate is required to substantiate the child's birth and the timing of the leave request.
3. Employment Documentation: Employment Contract: A copy of the employee’s current employment contract may be required to verify employment status and eligibility. Leave Application Form: A formal leave application form per the company or government entity's internal policies.
4. Notification to Employer: Advance Notice is a written notification or letter to the employer indicating the intention to take paternity leave, including the expected start date and duration of the leave.

Steps to Apply for Paternity Leave

1. Prepare Documentation: Gather all necessary documents, including the marriage certificate, birth certificate, employment contract, and any internal leave application forms required by the employer.
2. Complete the Leave Application Form: Fill out the leave application form accurately, specifying the dates for the paternity leave and any additional information required.
3. Submit to Employer: Submit the completed leave application form and supporting documents to the organisation's HR department or designated authority.
4. Follow Up: Ensure the employer acknowledges the submission and follow up if necessary to confirm the leave approval and any additional requirements.

Example of Documentation Checklist

Here’s a sample checklist that employees can use to ensure they have all the necessary documentation:

Paternity Leave Documentation Checklist

•  Marriage Certificate
•  Child’s Birth Certificate
•  Employment Contract
•  Completed Leave Application Form
•  Written Notification to Employer

Paternity Leave in the UAE: Benefits, Duration, Compensation, and Additional Benefits

Private Sector

Duration:

• Employees in the private sector are entitled to 5 working days of paternity leave.
• The leave must be taken within the first six months following the child's birth.

Compensation:

• In the private sector, paternity leave is fully paid, ensuring that employees do not face any financial burden during this period.

Other Benefits:

• Job Security: The employee’s job is secure during the paternity leave.
• Work-Life Balance: This leave allows new fathers to spend crucial time with their newborn, fostering a healthy work-life balance.
• Employee Well-Being: Companies recognize the importance of family time, which contributes to overall employee well-being and morale.

Public Sector

Duration:

• Public sector employees are entitled to 3 working days of paternity leave.
• The leave must be taken within the first month following the child's birth.

Compensation:

• Paternity leave in the public sector is also fully paid, providing financial stability during this time.

Other Benefits:

• Job Security: Employees are assured that their positions are secure during their leave.
• Supportive Work Environment: The provision of paternity leave reflects the government’s commitment to supporting family life.
• Enhanced Productivity: The leave allows time to bond with the newborn, reducing stress and improving future productivity.

Employer's Role in Paternity Leave

Employers play a crucial role in facilitating paternity leave, ensuring compliance with legal requirements, and supporting employees during this critical time. By adhering to the outlined responsibilities and maintaining clear policies, employers can foster a positive work environment and demonstrate their commitment to employee well-being.

Employer Responsibilities:

1. Inform Employees:
   • Communicate the paternity leave policy, including eligibility, duration, and required documentation.
2. Process Applications:
   • Review and process leave applications promptly.
   • Ensure that employees provide all necessary documentation (e.g., marriage certificate, birth certificate, employment contract, leave application form).
3. Maintain Records:
   • Keep accurate records of paternity leave taken by employees.
   • Ensure confidentiality of all documents and information related to paternity leave.
4. Provide Compensation:
   • Ensure timely payment of wages during the paternity leave period as per the policy.
5. Support Employees:
   • Offer support to employees taking paternity leave, including flexibility in adjusting work schedules before and after the leave period.

Sample Paternity Leave Contract Clause

Paternity Leave Clause:

1. Eligibility:
   • Employees are eligible for paternity leave upon the birth of their child, provided they submit the required documentation.
2. Duration and Timing:
   • Private Sector: 5 working days of paid paternity leave to be taken within six months of the child's birth.
   • Public Sector: 3 working days of paid paternity leave to be taken within one month of the child's birth.
3. Compensation:
   • Employees will receive full pay during the paternity leave period.
4. Application Process:
   • Employees must submit a leave application form along with copies of the marriage certificate, birth certificate, and employment contract.
   • A written notification specifying the leave's intended start date and duration must be provided in advance.
5. Job Security:
   • The employee’s job position will be secure during the paternity leave period.

Employer Obligations and Penalties

Obligations:

• Adherence to Policy: Employers must comply with the legal requirements for paternity leave as per UAE labour laws.
• Non-discrimination: Employers must ensure that employees taking paternity leave are not discriminated against or penalized.
• Timely Approval: Leave applications must be processed and approved promptly.

Penalties for Non-compliance:

• Legal Action: Employers who fail to comply with paternity leave regulations may face legal action from employees.
• Fines: Non-compliance with labour laws regarding paternity leave can result in fines imposed by labour authorities.
• Reputation Damage: Failure to adhere to paternity leave policies can harm the employer’s reputation and employee morale.

How to Apply for Paternity Leave in UAE

The Application Process Step by Step

1. Review Company Policy: Review your employer's paternity leave policy to understand the specific requirements and timelines.
2. Gather Required Documentation: Typically, this includes the child's birth certificate, a formal paternity leave request, and possibly additional documents such as your employment contract or marriage certificate.
3. Submit Leave Request: Complete any required forms and submit your paternity leave request along with the necessary documentation to your HR department or direct supervisor, adhering to the advance notice period specified by your employer.
4. Await Approval: Your employer will review your application for compliance with the law and company policy before approving.
5. Plan Your Leave: Once approved, plan the specifics of your leave, including start and end dates, with your supervisor to ensure a smooth transition of work responsibilities.

Employer Considerations and Approval

Employers evaluate paternity leave requests based on legal compliance and operational needs. Approval is straightforward, provided the request meets all legal and policy requirements. Employers may also consider workload distribution and project timelines to ensure minimal disruption during the leave period.

Common Issues and How to Address Them

• Documentation Delays: If you are delayed in obtaining the birth certificate or other documents, communicate proactively with your employer and provide an estimated timeframe for submission.
• Approval Delays: If you encounter delays in leave approval, follow up respectfully with HR or your supervisor, reminding them of the legal timelines and your planned leave dates.
• Work Handover Concerns: To address concerns about ongoing projects, propose a handover plan to a colleague or suggest temporary adjustments to work deliverables.
• Extending Leave: If you wish to extend your leave, discuss this with your employer as early as possible, providing justification and understanding that the paternity leave policy may not cover additional time off.

FAQs on Paternity Leave in the UAE

1. Can paternity leave be taken in non-consecutive days?

Yes, paternity leave in the UAE can be taken in non-consecutive days, allowing employees to utilize the five working days as needed within the first six months following the child's birth.

2. How does paternity leave affect annual leave entitlements?

Paternity leave is separate from annual leave entitlements. Taking paternity leave does not reduce or affect the employee’s accrued annual leave. Employees are entitled to both paternity leave and their full annual leave.

3. What if the child is born prematurely or has special medical needs?

Paternity leave entitlements remain the same regardless of whether the child is born prematurely or has special medical needs. However, employers may offer additional support or flexible working arrangements in such circumstances based on internal policies and mutual agreement.

4. Are expatriates entitled to paternity leave under UAE law?

Yes, expatriates employed in the UAE are entitled to paternity leave under the same conditions as UAE nationals. The law applies uniformly to all employees in the private and public sectors.

5. How should employees handle overlapping paternity leave and public holidays?

Suppose public holidays fall within the paternity leave period. In that case, these days are typically not counted as part of the five working days of paternity leave. Employees should check with their HR department to confirm the policy.

6. Can paternity leave be extended beyond the five days provided by law?

Any extension beyond the five days of paternity leave would be at the employer’s discretion. If an extended absence is needed, employees may request additional unpaid leave or use other types of leave (such as annual leave).

7. What are the consequences if an employer denies a legitimate paternity leave request?

Denying a legitimate paternity leave request can result in penalties for the employer, including fines and potential legal action. If their leave is unjustly denied, employees can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

8. How is paternity leave handled for employees with multiple employers?

Employees with multiple employers are entitled to separate paternity leave from each employer. Each employment contract is treated individually, and the employee should apply for paternity leave with each employer.

9. Can an employee work part-time or remotely during paternity leave?

Paternity leave is intended for the employee to support their family and adjust to the new responsibilities of parenthood. Working part-time or remotely during this period would generally be discouraged. It should be discussed with the employer if necessary.

10. How should an employer handle paternity leave if the child's birth is not immediately reported?

Employees can take paternity leave up to six months after the child’s birth. Employers should accommodate leave requests within this period, even if the birth is reported later.

11. What documentation is required if the birth occurs outside the UAE?

If the birth occurs outside the UAE, the employee must provide equivalent documentation from the relevant foreign authority, such as a birth certificate and proof of marriage. These documents may need to be translated into Arabic and attested per UAE regulations.

12. Are there any provisions for paternity leave for adoptive fathers?

Current UAE labour laws specifically address biological fathers. However, adoptive fathers should consult with their employers regarding company-specific policies on leave for adoption, as some companies may offer similar benefits.

13. How does paternity leave affect end-of-service benefits?

Paternity leave is fully paid and does not affect the calculation of end-of-service benefits. The leave period is considered continuous employment for the purpose of calculating gratuity and other end-of-service entitlements.

14. Can paternity leave be combined with sick leave or compassionate leave?

Paternity leave can be combined with other types of leave, such as sick or compassionate leave, subject to the employer’s approval and company policies. Each type of leave must be applied for and approved separately.

15. How should employees and employers handle disputes regarding paternity leave?

Disputes regarding paternity leave should first be addressed internally through the company’s HR department. If unresolved, either party can seek mediation or file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

Conclusion: The Growing Importance of Paternity Leave

The significance of paternity leave in the modern workplace cannot be overstated. As societies progress, there's a growing recognition of fathers' vital role in the early stages of a child's life.  

The UAE's embrace of paternity leave policies underscores a broader shift towards inclusive, family-friendly employment practices that support work-life balance and gender equality. This evolution reflects an understanding that family well-being and the equitable distribution of parenting responsibilities are fundamental to society's health and development. 

Moreover, paternity leave offers tangible benefits to employers, including enhanced employee satisfaction and loyalty, reduced turnover rates, and a more motivated workforce. As we move forward, the continued expansion and enhancement of paternity leave policies will likely play a key role in attracting and retaining top talent, promoting happier, more balanced lives, and ultimately contributing to a more prosperous and equitable society.