Compliance Guides

    UAE Maternity and Parental Leave: Complete Employer Guide

    Comprehensive guide to UAE maternity leave (60 days), parental leave (5 days), nursing breaks, and employee rights under Federal Decree-Law No. 33 of 2021.

    Published: December 1, 2024
    Updated: December 19, 2024
    11 min read
    8 topics covered

    Quick Summary: Comprehensive guide to UAE maternity leave (60 days), parental leave (5 days), nursing breaks, and employee rights under Federal Decree-Law No. 33 of 2021.

    The UAE provides comprehensive maternity and parental leave protections under Federal Decree-Law No. 33 of 2021. The UAE was the first Arab country to introduce parental leave for private sector employees.

    This guide covers maternity leave entitlements, parental leave, nursing breaks, and employee protections according to MOHRE regulations.

    AspectDetails
    Legal BasisArticles 30, 32, Federal Decree-Law No. 33/2021
    Maternity Leave60 calendar days
    Parental Leave5 working days (both parents)
    Nursing Breaks1 hour daily for 6 months
    Compassionate Leave3-5 days (death in family)

    Maternity Leave Entitlement

    All female employees are entitled to 60 calendar days of maternity leave.

    Payment Structure

    PeriodDaysPayment
    First period45 daysFull pay (100%)
    Second period15 daysHalf pay (50%)
    Total60 days-

    When to Take Leave

    • Leave can start before expected delivery date
    • Employer cannot require early return
    • Medical certificate may be required for timing

    Extended Leave Options

    OptionDurationPayment
    Medical complicationsAdditional 45 daysUnpaid
    Continuous illnessAs per sick leave rulesSick leave rates

    For pregnancy/childbirth complications:

    • Up to 45 additional days unpaid leave
    • Must be supported by medical certificate
    • Cannot be refused if medically necessary

    Eligibility Requirements

    Who Qualifies

    RequirementDetails
    Employment statusFull-time or part-time employee
    Service periodNo minimum service required
    Pregnancy confirmationMedical certificate

    No Minimum Service

    Unlike some other leave types, maternity leave:

    • Does not require minimum service period
    • Available from first day of employment
    • Full entitlement regardless of tenure

    Rights During Leave

    RightProtection
    Job protectionCannot be terminated during leave
    SalaryAs per payment structure
    BenefitsContinue during leave
    PositionMust return to same or equivalent role

    Return to Work

    RightDetails
    Same positionOr equivalent position
    Same salaryNo reduction
    Nursing breaksAdditional right after return

    Nursing Breaks

    After returning from maternity leave, nursing mothers are entitled to paid breaks.

    Entitlement

    PeriodBreak Duration
    First 6 months2 breaks daily, 30 minutes each (1 hour total)

    Conditions

    • Paid breaks
    • Cannot be deducted from salary
    • Timing agreed with employer
    • May be combined (1 hour at start or end of day)

    Duration

    Nursing breaks apply for 6 months from date of return to work.

    Tip: Nursing breaks can be combined into a single 1-hour break at the beginning or end of the workday, as agreed with the employer.

    Parental Leave

    The UAE First

    The UAE was the first Arab country to introduce parental leave for private sector employees.

    Entitlement

    ParentDurationPayment
    Father5 working daysPaid
    Mother5 working daysPaid (in addition to maternity)

    Timing

    • Must be taken within 6 months of child's birth
    • Can be taken continuously or split
    • Requires reasonable notice to employer

    Eligibility

    • Available to both parents
    • No minimum service requirement
    • Applies to both natural birth and adoption

    Other Family Leave Types

    Compassionate Leave (Death in Family)

    RelationshipLeave Duration
    Spouse5 days paid
    Parent3 days paid
    Child3 days paid
    Sibling3 days paid
    Grandparent3 days paid
    Grandchild3 days paid

    Study Leave

    Employees with 2+ years of service are entitled to:

    DurationPayment
    10 days per yearPaid

    Conditions:

    • Minimum 2 years with employer
    • UAE-accredited educational institution
    • For exams or study requirements

    Hajj Leave

    DurationPayment
    Up to 30 daysUnpaid
    • Once during employment with same employer
    • Advance notice required

    Protection Against Discrimination

    Prohibited Actions

    Employers cannot:

    • Terminate pregnant employee
    • Reduce salary during pregnancy
    • Demote due to pregnancy/leave
    • Refuse to hire due to pregnancy
    • Discriminate against parents

    During Probation

    • Pregnant employees have same protections
    • Cannot be terminated solely for pregnancy
    • Normal probation rules otherwise apply

    Interaction with Other Leave

    Annual Leave:

    • Maternity leave is separate from annual leave
    • Annual leave continues to accrue during maternity leave
    • Cannot be forced to use annual leave for maternity

    Sick Leave:

    • If sick during maternity leave, maternity leave continues as scheduled
    • Sick leave applies after maternity period

    Gratuity:

    • Maternity leave counts toward continuous service for gratuity

    Free Zone Variations

    DIFC Maternity Leave

    Leave TypeDIFC Entitlement
    Maternity (12+ months service)65 working days
    PaymentFirst 33 days full pay, next 32 days half pay
    Less than 12 months33 working days (pro-rata)
    Paternity5 working days

    ADGM

    Similar to DIFC - check specific regulations.

    Other Free Zones

    Generally follow UAE federal law.

    Employer Obligations

    Before Leave:

    • Accept notification - cannot refuse maternity leave
    • Plan coverage and arrange temporary replacement
    • Facilitate work transition and handover

    During Leave:

    • Pay salary as per payment structure
    • Maintain benefits (health insurance, etc.)
    • No termination - job protection
    • Limit contact to essential communication only

    On Return:

    • Reinstate to same or equivalent role
    • Provide nursing breaks as required
    • Equal treatment - no discrimination

    Frequently Asked Questions

    Automate Maternity Leave Tracking

    NeuralHR tracks maternity leave, nursing breaks, and ensures compliance with UAE labor law automatically.

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