Law No. (18) of 2017

Amending Law No. (6) of 2012

Concerning Management of the Human Resources of Local

Paramilitary Personnel in the Emirate of Dubai^{^[1]}

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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Law No. (6) of 2012 Concerning Management of the Human Resources of Local Paramilitary Personnel in the Emirate of Dubai (the “Original Law”),

Do hereby issue this Law.

Superseded Articles

Article (1)

Articles (88), (107), and (122) of the Original Law are hereby superseded by the following:

Leave Types

Article (88)

a. The types of leave that may be granted to Staff Members in accordance with this Law will be as follows:

1. annual leave;

2. sick leave;

3. maternity, delivery, and childcare leave;

4. paternity leave;

5. compassionate leave;

6. Idda leave;

7. Hajj leave;

8. special leave;

9. study leave;

10. unpaid leave;

11. administrative leave; and

12. casual leave.

b. Subject to disciplinary liability, a Staff Member may be absent from work only in accordance with authorised leave.

Maternity, Delivery, and Childcare Leave and Nursing Break

Article (107)

a. Maternity Leave

1. A female Staff Member will be entitled to ninety-day maternity leave, with Aggregate Salary, starting from the delivery date. A Female Staff Member may apply to start her maternity leave up to thirty (30) days prior to the expected date of delivery, provided that the leave is for an uninterrupted period.

2. The Medical Committee may, in case of special medical conditions related to the newborn baby, approve the postponement of maternity leave, in part or in whole, for up to three (3) months from the date of entitlement to the leave.

3. Maternity leave may be combined with any other type of leave prescribed under this Law, on condition that the aggregate period of leave may not exceed one hundred and twenty (120) days from the beginning of the maternity leave.

4. Where a female Staff Member’s newborn baby dies during her maternity leave, the maternity leave will be deemed to have ended on the day of the baby's death. In this case, the female Staff Member will be entitled to delivery leave for the remainder of the sixty (60) days following the delivery date or the compassionate leave, whichever is longer.

b. Delivery Leave

A female Staff Member who suffers a miscarriage before the start of the twenty-fourth week of pregnancy will be entitled to sick leave for a period to be determined based on the approval of the Medical Committee. Where a female Staff Member gives birth to a stillborn baby or suffers a miscarriage after the start of the twenty-fourth week of pregnancy, she will be entitled to sixty-day delivery leave subject to the approval of the Medical Committee.

c. Childcare Leave

1. Where a female Staff Member gives birth to a baby with disability, she will be granted, subject to the approval of the Medical Committee, childcare leave for the period from the expiry date of the maternity leave to the date on which her baby reaches one (1) year of age.

2. A Director General or his authorised representative may, subject to the approval of the Medical Committee, extend the childcare leave referred to in sub-paragraph (c)(1) of this Article for a period not exceeding six (6) months per application, until the female Staff Member’s child reaches three (3) years of age.

d. Nursing Break

1. A female Staff Member will be entitled to a two-hour paid daily break to nurse, and care for, her baby. The nursing break may be utilised at the beginning or at the end of official working hours. The period of entitlement to the nursing break will be from the expiry date of the maternity leave to the date on which the baby reaches one (1) year of age.

2. A female Staff Member will not be entitled to a nursing break during the month of Ramadan unless she works on shift duty.

3. A female Staff Member may combine her nursing break with a permission to leave work early, provided that her official working hours are not reduced to less than five (5) hours on that day. If the female Staff Member fails to work on that day for at least five (5) hours, the day will be deducted from her annual leave balance. Where there is no annual leave balance, the day will be deemed as unpaid leave.

e. Rights Associated with Maternity, Delivery, and Childcare Leave

1. Weekends and official holidays falling within maternity, delivery, or childcare leave will be deemed as part of that leave. The leave period will be deemed as part of the female Staff Member’s period of service for all purposes.

2. Subject to sub-paragraph (a)(2) of this Article, maternity, delivery, or childcare leave or any part thereof may not be carried forward to the following year; and the female Staff Member may not be paid cash in lieu thereof.

3. Where Idda leave coincides with maternity or delivery leave, the female Staff Member will be entitled to the longer leave.

Staff Member’s Leave Entitlement during Probation Period

Article (122)

a. During the probation period, a Staff Member will not be entitled to any paid leave except for sick, maternity, delivery, childcare, paternity, compassionate, Idda, or casual leave. Where the Employee takes any such leave, his probation period must be extended for the same number of days of the leave.

b. A Staff Member who resigns from a Department, or whose service is terminated for any reason, during the probation period will not be entitled to any annual leave for the period of his service with the Department.

Application of Provisions to Existing Situations

Article (2)

a. Where the maternity or delivery leave or period of entitlement to nursing break of a female Staff Member has not expired by the effective date of this Law, her leave or period of entitlement to break will be extended based on the difference between the number of days already utilised and the number of days prescribed by this Law.

b. Where the maternity or delivery leave or period of entitlement to nursing break of a female Staff Member has expired before the effective date of this Law, this leave or period of entitlement to break will not be extended.

Commencement and Publication

Article (3)

This Law comes into force on the day on which it is issued, and will be published in the Official Gazette.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 18 October 2017

Corresponding to 28 Muharram 1439 AH.

[1]Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.