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Wednesday, 28 October 2015

Rules related to Maternity Leave for working women under Saudi Labor Law

Saudi Labor Law gives many rights especially to women working in Saudi Arabia. These benefits are available in addition to the benefits generally available to all workers in Saudi Arabia. We have covered in detail the “Rights of Working Women under Saudi Labor Law”. The general rights available to all employees working in Saudi Arabia are covered in this link “Rights of Employees under Saudi Labor Law”. One of the special privileges given to working women in Saudi Arabia under Saudi Labor Law is the right to have maternity leave. In this article, we shall be writing about it in detail.


Rules related to Maternity Leave for working women under Saudi Labor Law
  1. It is the responsibility of employer to provide medical care during pregnancy and delivery to the working woman (Article 153 of Saudi Labor Law)
  2. A working woman is entitled to a maternity leave of around 10 weeks. The maternity leave will be granted 4 weeks before the expected delivery date and 6 weeks subsequent to the actual delivery date. It is illegal to employ a woman 6 weeks after the actual delivery date. (Article 151 of Saudi Labor Law)
  3. Expected delivery date will be determined by the medical certificate of the physician she is consulting with.  (Article 151 of Saudi Labor Law)
  4. Working woman can extend her leave for a period of 1 month after the delivery date. But this leave will be unpaid. Amendments in Saudi Labor Law effective from 01/01/1437 have been taken into account. (Article 151 of Saudi Labor Law)
  5. If the female employee delivers a baby with special needs and must need a permanent attendee, in this case, she will be entitled to a month leave with pay after the end of the maternity leave which can be further followed by an unpaid leave of an up to a month. Amendments in Saudi Labor Law effective from 01/01/1437 have been taken into account. (Article 151 of Saudi Labor Law)
  6. Maternity leave may or may not be fully paid. This decision depends upon, how many years she has spent in the service of the employer. Number of years is calculated before the commencement of the vacation date. If she has completed;
    • 3 Years – Fully Paid
    • 1 Year  - Half Paid
    • Less than 1 Year -  Unpaid (Article 152 of Saudi Labor Law)
  7. If a working woman has availed her fully paid maternity leave during the year, she is not entitled to receive payment for her annual leave. However, if she has availed maternity leave at half pay, she can get half salary for her annual leave. (Article 152 of Saudi Labor Law)
  8. Once the working woman is back to work after delivering child, she will be entitled to one hour break per day over and above the break hours provided to all other staff members. (Article 154 of Saudi Labor Law)
  9. Termination during Pregnancy
    • An employer cannot terminate the working woman within 180 days before expected date of delivery except as provide under Article 80 of Saudi Labor Law or except as provided under Article 157 of Saudi Labor Law (which is explained below). Article 156 of Saudi Labor Law
    • An employer cannot terminate the working woman during the period of her maternity leave. (Article 155 of Saudi Labor Law)
    • An employer cannot terminate a working woman during her illness related to her pregnancy. But the period of absence of the working woman should not exceed 180 days.  (Article 156 of Saudi Labor Law)
  10. Article 157 of Saudi Labor Law
    • A working woman is not allowed to work for any other employer during her maternity leave. If it is established that she is working for another employer, the original employer may recover from her all the money paid to her for maternity leave.

Job Continuation under Saudi Labor Law
  1. Rights of Working Women under Saudi Labor Law
  2. Rights of Employees under Saudi Labor Law
  3. Vacations (Leaves) under Saudi Labor Law
  4. Right of Air Ticket as per Saudi Labor Law
  5. Rules regarding Emergency Leave in Saudi Arabia

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