Maternity Leave

What is Maternity Leave?

Maternity leave in the UAE refers to the legally protected period of leave granted to female employees during pregnancy, childbirth, and postnatal recovery. It is governed by UAE Labour Law (Federal Decree Law No. 33 of 2021) and applies to women working in the private sector.

Maternity leave is designed to:

  • Protect the health and wellbeing of the mother and child

  • Safeguard women’s employment rights during pregnancy and after delivery

  • Ensure continuity of income and job security during a critical life stage

Employers are legally required to comply with maternity leave provisions, regardless of nationality, provided the employee is covered under UAE Labour Law.

Eligibility for Maternity Leave

A female employee is entitled to maternity leave if she:

  • Is employed under a valid UAE employment contract

  • Has completed her probation period (for full paid entitlement)

  • Is registered with the employer under MOHRE

Both married and unmarried women are entitled to maternity leave under UAE law.

Maternity Leave Entitlement in the UAE

Standard Maternity Leave Duration

Under UAE Labour Law, a female employee is entitled to a total of 60 days of maternity leave, structured as follows:

  • 45 days with full pay

  • 15 days with half pay

Additional Maternity Leave

A female employee may be entitled to an additional 45 days of unpaid leave if she:

  • Suffers from an illness related to pregnancy or childbirth, or

  • Is unable to return to work immediately after maternity leave

This extension must be supported by a medical certificate issued by an authorised medical authority.

Special Cases: Premature Birth or Child with Special Needs

If a woman gives birth to:

  • A child with a disability, or

  • A sick newborn requiring continuous care

She may be entitled to additional paid leave of upto 30 days, subject to medical documentation and applicable regulations.

Protection Against Termination

UAE Labour Law provides strong protection for women on maternity leave:

  • An employer may not terminate or issue a notice of termination due to pregnancy or maternity leave.

  • Termination during maternity leave is only permitted under exceptional circumstances defined by law (e.g. proven gross misconduct).

Any termination that violates maternity leave protections may be considered unlawful, exposing the employer to penalties.

Nursing Breaks After Return

After returning from maternity leave the employee is given reduced working hours:

  • A female employee is entitled to one or two hours per day for nursing her child.

  • This entitlement applies for up to six months from the date of return.

  • These reduced hours are fully paid and should not affect salary or benefits.

Maternity Leave and Employment Contracts

Maternity leave rights must be respected regardless of:

  • Job role or seniority

  • Salary level

Employment contracts and internal HR policies cannot override statutory maternity leave entitlements. Any contractual clause that provides less than the legal minimum is unenforceable.

Impact on Salary, Benefits, and Gratuity

Salary during maternity leave must be paid according to the statutory structure (full and half pay).

Maternity leave counts as continuous service and does not affect:

Conclusion

Maternity leave in the UAE is a statutory right that protects working mothers while promoting fair and compliant employment practices.

Understanding maternity leave entitlements helps employers remain compliant with labour law and supports employees during a significant life event.

For HR teams, proper management of maternity leave is essential to maintaining legal compliance, workplace equity, and employee trust.

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