What is Maternity Leave in the UAE?

Introduction

Over the past decade, the UAE has maintained its position as a leading country in gender equality, ranking highest in the Middle East according to the World Economic Forum’s 2024 Global Gender Gap Report. Notably, women hold two-thirds of public sector jobs in the UAE.

As a global workforce hub, the UAE has promoted the participation of women in the private and public sectors in various roles. The UAE has also included strict provisions for maternity leave in the national laws.

Understanding the eligibility, duration, rights, and obligations of maternity leave under UAE labour law is crucial for both employers and employees to maintain a healthy work environment and comply with UAE laws.

What is Maternity Leave in the UAE?

Maternity leave UAE labour law is the right of a female employee to take paid (and unpaid) leave to take care of their newborn children. 

Eligibility for Maternity Leave

In the UAE, any female employee who has completed at least one year of continuous service with an employer is eligible for maternity leave. If an employee hasn’t completed one year of service, they may still be eligible for leave, but it might be unpaid.

The law for maternity leave is the same for:

1. Nationals
2. Expatriates
3. Temporary Contract Employees
4. Limited-Time Employees
5. Permanent Employees

What Laws Are Applicable to Maternity Leave in the UAE?

There are specific laws that regulate the grant of maternity leave. These include:

1. Private Sector Employees: Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector
2. UAE Federal Government Employees: Federal Decree Law No. 49 of 2022 on Human Resources Law in the Federal Government
3. Dubai Emirate Government Employee: Decree No. 14 of 2017 Concerning Maternity, Miscarriage, Stillbirth, and Childcare Leave for Female Employees of the Government of Dubai

Note: Providing maternity leave in different jurisdictions can be challenging, and any default in keeping track of the developments in the labour law may lead to non-compliance.

Kayrouz & Associates’ Employment and Labour Law Team assists in labour law judicial reviews to defend employers in the UAE against claims of non-compliance, and drafts tailored policies and procedures to ensure a compliant workplace.

What is the Duration and Pay Structure of Maternity Leave in the UAE?

The question of how long maternity leave in the UAE is depends on the type of law that is applicable.

Maternity Leave in the Private Sector

Under Article 30 of the Federal Decree Law No. 33 of 2021, a female employee can apply for maternity leave up to 30 days before the expected date of delivery, and is eligible for:

Maternity Leave in the UAE Government

According to Article 19 of the Federal Decree Law No. 49 of 2022, a female employee is eligible for:

1. 90 days of fully-paid leave
2. Nursing breaks: For up to 6 months from the date of delivery, a female employee can take one or two fully-paid nursing breaks every day; however, the combined duration of the breaks cannot exceed two hours.

Maternity leave in the Dubai Government

Under Articles 3,4,5, and 6 of the Decree No. 14 of 2017, a female employee can apply for maternity leave up to 30 days before the expected date of delivery (as long as the leave is consecutive), and is eligible for:

1. 90 days of fully-paid leave
2. Addition of Annual and Unpaid Leave: An employee can add annual and unpaid leave to maternity leave. However, the total leave cannot exceed 120 days.
3. Nursing breaks: For up to one year from the date of delivery, a female employee can reduce the daily working time by two hours to nurse the child, either at the beginning or at the end of the working hours.
4. Miscarriage/Stillbirth leave: If a female employee gives birth to a stillborn baby or suffers a miscarriage after the 24th week of pregnancy, she can take a 60-day miscarriage/ stillbirth leave.
5. Special Leave: If a female employee gives birth to a child with special needs or disability, she can take childcare leave for one year (extendable to three years) from the date of expiry of the maternity leave.

Note: Female employees are not allowed to take nursing breaks during Ramadan. 

Can a Company Terminate a Pregnant Employee During Maternity Leave in the UAE?

No, an employee cannot be terminated during maternity leave, and under UAE law, any employer who terminates a female employee during maternity leave, or because they are pregnant, can be sued for compensation.

A female employee also has the right to freely take the number of paid and unpaid leaves provided to them under UAE laws, and the employer cannot deny that, irrespective of what is written in the employment contract.

Another key benefit of maternity leave in the UAE is that it is separate from, and in addition to, the annual leave.

Expert Legal Consultation: If your maternity leave has been denied, you have been terminated during or because of maternity leave, or your salary has been withheld, Kayrouz & Associates’ Employment and Labour Law team can advise on securing adequate compensation in the UAE.

How Can Kayrouz & Associates Help Employers and Employees Comply with Maternity Laws in the UAE?

Kayrouz & Associates has a dedicated Employment and Labour Law team to support both employers and employees in managing the policies and laws related to maternity leave in the UAE. We offer legal advice on:

• Planning and implementing employee compensation structures
• Restructuring the workforce and terminating employees in compliance with the UAE labour laws
• Drafting custom employment agreements and contracts
• Resolving disputes between employers and employees
• Claims of non-compliance, injunction applications, and judicial reviews
• Collective labour complaints and coordination with the Ministry of Human Resources & Emiratization (MOHRE)
• Workplace Harassment and Discrimination
• Workplace Safety Compliance

With a 96% client satisfaction rate and 25-plus full-time lawyers and consultants, Kayrouz & Associates is a well-known, full-service law firm in the UAE and the Middle East and has been assisting clients since 2006.

Book a free consultation or visit our UAE office located in Dubai and Abu Dhabi to discuss your case.