Maternity and paternity leave under the UAE labour law offers employees paid time off to care for their newborns. However, the duration of both leaves differs between the private and government sectors. In the private sector employees can get 60 days of maternity leave and 5 days of paternity leave. For the government sectors, they get from 60 to 90 days of maternity leave and 3 to 5 days of paternity leave depending on each federal government rule in the UAE. As for paternity leave in private sectors. Employees must meet specific eligibility criteria to get this benefit.
Maternity leave is a combination of full pay and half pay along with unpaid extensions. In contrast, paternity leave is typically fully paid but shorter in duration. Pay calculation includes basic salary and fixed allowances. Ultimately, the UAE is offering generous leave benefits to its employees. The UAE labour law also put legal protection in place to prevent illegal termination during leaves and thus ensure job security.
What Is Maternity Leave According to UAE Labour Law?
Maternity leave is a legal right of time off granted to female employees in the UAE. The UAE Federal Law No. 8 of 1980 mandates that all female workers in the UAE are entitled to maternity leave. It includes all working women in the UAE – whether they are working as part-time workers, on limited-term contracts, or in the free zones.
Maternity Leave under the UAE Labour Law ensures all female employees can take time off from work to give birth and care for their newborns. That is even without risking their job or income.
What Is the Duration of Maternity Leave In UAE?
The duration and the term for maternity leave in the UAE depend on whether the female employee works in the private sector (regulated by federal labour law) or the government sector (regulated by federal or emirate-level rules).
Private Sector
According to Federal Decree-Law No. 33 of 2021, private sector female employees are entitled to a maternity leave of 60 days. Out of which
- 45 days will be fully paid leave
- 15 days will be half-paid leave
In addition to the basic maternity leave, she can take an extra 45 days of unpaid leave. That is in case she has an illness as a result of pregnancy or childbirth, and is unable to resume work.
Moreover, if the child is born with disability or a serious health condition, the female worker will have an extra 30 days fully paid, plus a possible 30 days unpaid extension. After the female worker returns to her work, she can take up to 2 nursing breaks per day for up to 6 months. The nursing break should not exceed one hour total. Such breaks are fully paid.
Government Sector
As for the government sector female employees, the maternity leave varies by jurisdiction in the UAE. Each emirate and the federal government have their own maternity leave rules for government female employees.
1. Federal Government
According to Article 19 of the Federal Decree Law No. 49 of 2022 on Human Resources Law in the Federal Government, female employees in permanent positions are entitled to 90 days of fully paid maternity leave.
After returning to work, they will be granted 2 hours of daily nursing time for 6 months. It should be either at the beginning or at the end of the working hours. Such breaks are fully paid.
2. Abu Dhabi
Female employees working in the government sector of Abu Dhabi are entitled to have 3 months of fully paid maternity leave. As for the nursing, she can receive 2 hours of daily leave for one year after resuming her duty.
3. Dubai
Decree No. 14 of 2017 Concerning Maternity, Miscarriage, Stillbirth, and Childcare Leave for Female Employees of the Government of Dubai governs the maternity leave in Dubai. According to the law, female workers can take
- 90 days of paid maternity leave starting on the delivery date and
- Up to 30 days’ leave before the expected due date.
They can combine annual or unpaid leave and take a total of up to 120 days’ leave. Additionally, 2 hours of daily nursing time are granted for 1 year after returning to work. However, a nursing break is not allowed during Ramadan. If the female employee gives birth to a child with special needs, she will be granted childcare leave until the child turns one 1 year of age.
4. Sharjah
According to a 2016 local decree, maternity leave for Sharjah Government employees includes 90 days of full pay. It also includes an option for an additional 30 days of unpaid leave. Here, mothers also receive 2 hours of daily nursing time for 6 months.
5. Ras Al Khaimah
Ras Al Khaimah has extended fully paid maternity leave for government employees to 90 days in November 2016. As for the nursing period, they extended it to one whole year from the birth of the baby in 2015.
Here is a quick comparison.
| Emirate | Paid Leave Duration | Nursing Breaks |
|---|---|---|
| Private Sector | 60 days. 45 days full paid, 15 days half paid | 2 breaks per day for a max of 1 hour for 6 months |
| Federal Government | 90 days full paid | 2 hours a day for 6 months |
| Abu Dhabi Government | 90 days full paid | 2 hours a day for 1 year |
| Dubai Government | Dubai Government 90 days full paid | 2 hours a day for 1 year, except during Ramadan |
| Sharjah Government | 90 days full paid | 2 hours a day for 6 months |
| Ras Al Khaimah Government | 90 days full paid | 2 hours a day for 1 year |
What Are the Eligibility Criteria for Maternity Leave in UAE?
The female employees in both the private and public sectors need to fulfill some conditions to get maternity leave in the UAE, regardless of being a UAE national or an expatriate.
- A female employee needs to complete at least 1 year of continuous service with the same employer.
- If she has worked less than a year, she can still get maternity leave. However, the leaves will be unpaid or partially paid, depending on the policy of the employer.
- The female employee should be working on a regular or permanent contract. Temporary female employees will not be eligible for maternity leave.
- She must provide a medical certificate confirming the pregnancy from an authorized medical authority.
- The type of contract, like temporary, permanent, or limited time, does not matter.
What Is Included in Maternity Leave Pay?
In the UAE, maternity leave full pay entitles the female employee to your gross salary. That means she will get a basic salary and the allowances you’re entitled to. For instance, regular allowances like housing, transport, and other fixed benefits.
However, bonuses or performance incentives are not usually counted in the full paid maternity leave. If you haven’t completed one year of service, you may only receive half pay. Moreover, no additional deductions are made during maternity leave unless there are existing deductions already in place through payroll.
Here is a simple maternity pay calculation table:
| Salary Component Included In Maternity Leave Pay | Monthly Amount [AED] |
|---|---|
| Basic Salary | 5,000 |
| Housing Allowance | 2,000 |
| Transport Allowance | 1,000 |
| Total Pay | 8,000 |
If you are entitled to have full pay, you will receive AED 8,000/month. In case only half pay applies, you will get AED 4,000/month.
Are There Extended Leave Options After Returning From Maternity Leave?
Yes, UAE labour law provides extra support to help you adjust and care for your newborn even after your maternity leave ends.
Sick Child or Disability
You can take up to 30 additional unpaid days after your maternity leave ends if your child is sick or has a disability. This requires official medical proof. In special cases, this can be extended to another 30 days. That means you can take a total of 60 unpaid additional leaves for the care of your baby.
Nursing Breaks
You can also be entitled to two paid nursing breaks per day. It can be for up to 6 months after childbirth. These breaks can be up to one hour daily in total and can be taken at a time agreed with the employer.
Protection From Termination During Maternity Leave
Under Article 30(8) of the Federal Decree Law No. 33 of 2021, female employees are strongly protected from being terminated due to their pregnancy or maternity leave.
It is explicitly stated that:
“It is not permissible to terminate the service of the female employee or notify her of the same because of the pregnancy, having a maternity leave, or her absence from work in accordance with the provisions of this Article.”
Moreover, Article 65(2) of the Employment Law mentions that employers cannot misuse the law to unfairly pressure or take advantage of female employees. If an employer terminates the employee during pregnancy illegally, it will be considered an arbitrary termination under Article 47 of the Employment Law. In such cases, an employee has the right to file a complaint with the Ministry of Human Resources & Emiratisation.
How and When to Apply for Maternity Leave in the UAE?
You can apply for maternity leave 30 days before the expected date of delivery. You will need to submit the following documentation.
- A medical certificate from a UAE-recognized medical authority. It should confirm the status of pregnancy.
- Maternity Benefit application form (MB1) to the Maternity Benefit Section of the Department of Social Protection.
In the private sector, you may additionally require an original copy of:
- IBAN Certificate
- No objection Certificate from Employer to extend the maternity leave till 90 days as per the defined Template from SSA
- Salary certificate
What Is Paternity Leave in UAE?
Paternity leave in the UAE is the paid time off for fathers under certain conditions set by the UAE labour law. It is given to the male employees after the birth of their child so that they can support the mother and newborn. Paternity leave is available for male employees working in both the public and private sectors.
What Is the Duration of Paternity Leave in The UAE?
In the UAE, both private and public sector employees are entitled to fully paid time off after childbirth. However, the duration of paternity leave may vary by sector.
Private Sector
According to the federal decree-law No. 6 for 2020, employees in the private sector are entitled to have paternity leave of 5 working days. This leave should be used from the day of the birth of their child to six months. It is a fully paid leave.
Public Sector
As for paternity leave in the public sector, each emirate follows its own rules. Here is a quick look at how paternity leave differs in the public sector in the UAE.
| Public Sectors | Paternity Leave Duration |
|---|---|
| Federal Government | 5 working days, fully paid |
| Abu Dhabi | 3 working days, fully paid |
| Dubai | 3 working days, fully paid |
| Sharjah | 5 working days, fully paid |
| Ras Al Khaimah | 5 working days, fully paid |
Eligibility Criteria for Paternity Leave
It is generally very straightforward for paternity leave in the UAE. However, there is a minimum employment requirement for eligibility for paternity leave. Here they are:
- If you are a male employee working in the UAE private or federal sector and have a newborn, then you will be eligible for leave.
- All male employees, regardless of their job role and position, can get leave.
- He should be legally recognized as the child’s father to be eligible for the leave.
- The exact duration of employment required can vary. So, you should check the specific regulations of your company.
- You must request paternity leave within 6 months of your child’s birth.
Can Paternity Leave Be Taken During Probation in the UAE?
Paternity leave during probation in the UAE is an issue with a legal loophole. UAE Labour Law indeed allows five days of paid paternity leave. But the law does not specify that this paternity leave can be applied during probation. Generally, employers decide whether to keep an employee permanently during probation. So, it is up to the company to decide if they will allow paternity leave during this period. This decision is commonly determined by the HR policies in UAE, so you should always check with your HR team or employment contract to confirm.
How to Apply for Paternity Leave in the UAE?
These are the steps you should maintain while applying for paternity leave in the UAE.
- You need to check your eligibility for paternity leave first. It should be based on the specific requirements of your employer or the UAE labour law.
- Then you should inform your employer about your expected leave dates. It is recommended to give the notice a few days before the expected delivery date.
- You will also need to submit some documentation to get the paternity leave. The most important document you must provide is a copy of your child’s birth certificate. It serves as proof of your legal relationship and is necessary to process your leave request.
- Always review the paternity leave policy of your company. That’s because some companies may have extra conditions.
What Is Parental Leave in UAE?
Parental leave is the benefit that allows the working mother and father to take extra time off. It allows the parents to take care of their newborns during the early months.
The UAE labour law entitles a paid parental leave for five working days to look after their babies. The leave must be used within 6 months of the child’s birth. The law does not prevent the parents from using other types of leave with this. Parents can take parental leave together or separately depending on their own choice.
Key Differences Between Maternity, Paternity And Parental Leave
The main difference between those leaves is who is taking the leaves. For instance, maternity for mothers, paternity for fathers, and parental leave for either parent to care for a newborn.
Let’s make a quick comparison below to help you understand.
| Traits | Maternity Leave | Paternity Leave | Parental Leave |
|---|---|---|---|
| Eligibility | Female employees, both UAE nationals and expats | Male employees in the private sector | Both parents |
| Duration | 60 days | 5 working days | 5 working days, fully paid |
| Pay | 45 full pay and 15 half pay | Fully paid | Fully paid |
| Timing | Before or after childbirth | Within 6 months of the child’s birth | Within 6 months of the child’s birth |
How Should Employers Manage Parental Leave?
The employer in the UAE should maintain open communication and clear planning to handle parental leave. It is important to have a written policy that meets the UAE labour law requirements.
They should communicate these policies to all employees. It will help the employees to know their rights and responsibilities. Managers and HR teams must ensure employees feel supported throughout the leave period.
To make the process easier and fully compliant, the companies should use leave management software like Huduri. The software helps HR track leave requests and maintain compliance with the UAE labor law. It helps to ensure transparent leave management for employers and employees.
Final Words
Navigating maternity and paternity leave in the UAE can be complex, but the right knowledge and tools make all the difference. By staying informed and compliant with UAE Labour Law, employers can support working parents more effectively. Huduri’s leave management system helps streamline this process by automating entitlements, tracking usage, and ensuring policy compliance, so both employees and HR teams can focus on what truly matters.
FAQs
Do weekends count in maternity leave?
Yes, weekends generally count as maternity leave. When you take maternity leave in a block period, it includes any non-working days, rest days, and public holidays that fall during that period.
Can I resign during maternity/paternity leave?
Yes, you can resign during maternity or paternity leave in the UAE. If you want to resign from your job when you are pregnant, you should hand in the notice to your employer within the notice period required by your employer.
Will parental leave impact end of service benefits?
Generally, parental leave does not negatively impact your end-of-service benefits. In most cases, the time spent on parental leave is considered part of your continuous service. So it does not reduce your accrual of benefits.
What’s the policy of parental leave for adoptive parents?
There is no specifically mentioned mandated parental leave for adoptive parents in the UAE. However, there is a law that employees in the private sector are entitled to 5 days of paid parental leave.
