Maternity and Paternity Leave in UAE (2026)

UAE parental leave rights expanded significantly in 2022. Federal Decree-Law No. 33 of 2021 (the UAE Labour Law) introduced paternity leave for the first time and standardised maternity leave across the private sector. Before these changes, paternity leave did not exist in federal law, and maternity provisions varied widely. Today, the rules are clear — but many employers and employees still operate on outdated assumptions.

This guide covers every aspect of parental leave in the UAE, including the different rules for DIFC and ADGM employees. For disputes over leave entitlements, consult a labor lawyer.

What Is Maternity Leave Under UAE Law?

Under Federal Decree-Law No. 33 of 2021 (Article 30), female employees in the private sector are entitled to 60 calendar days of maternity leave: 45 days at full pay and 15 days at half pay. The leave can begin up to 30 days before the expected delivery date. After maternity leave, the mother can take an additional 45 days of unpaid leave if she has a medical condition related to pregnancy or childbirth, certified by a medical authority. There is no minimum service requirement — the entitlement applies from the first day of employment.

This is a significant improvement over the previous law (Federal Law No. 8 of 1980), which provided only 45 days total.

Maternity Leave Structure

Eligibility

• No minimum service period — even an employee on her first day is entitled to maternity leave.
• All employment types — full-time, part-time, temporary, and fixed-term contract employees.
• Multiple pregnancies — each pregnancy triggers a new entitlement.
• Stillbirth — the entitlement applies regardless of whether the child is born alive.
• Miscarriage — if the pregnancy has progressed beyond six months, full maternity leave applies. For earlier miscarriage, sick leave rules apply.

Pay Calculation

"Full pay" means the employee's basic salary plus any fixed allowances that she received regularly before the leave. Variable components (commissions, overtime, bonuses) are typically excluded unless the employment contract states otherwise. The calculation should match what the employee would have received had she been working.

What Is Paternity Leave Under UAE Law?

Federal Decree-Law No. 33 of 2021 (Article 32) grants male employees in the private sector 5 working days of paid paternity leave. The leave must be taken within 6 months of the child's birth, and it can be taken consecutively or intermittently. There is no minimum service requirement. The leave is at full pay. Prior to this law, the UAE had no federal paternity leave provision — making this one of the most significant labour reforms of 2022.

Five days is modest by global standards but represents a meaningful shift in the UAE.

Paternity Leave Details

Global Comparison

What Are the Maternity and Paternity Rules in DIFC and ADGM?

DIFC and ADGM have their own employment laws with different parental leave provisions. DIFC provides 65 working days of maternity leave (the first 33 at full pay, the next 32 at half or no pay depending on service length) and 5 working days of paternity leave. ADGM provides 65 working days of maternity leave (first 33 at full pay for employees with 1+ year of service) and 5 working days of paternity leave. Both free zones require 12 months of service for full-pay maternity entitlement — unlike mainland law which has no service requirement.

Employees in DIFC and ADGM should check their specific employment law, not assume mainland rules apply.

DIFC Maternity Leave (Employment Law No. 2 of 2019, Art. 40)

ADGM Maternity Leave (Employment Regulations 2019)

Comparison: Mainland vs DIFC vs ADGM

The "calendar days" vs "working days" distinction is significant. Sixty calendar days is approximately 42 working days (excluding weekends). Sixty-five working days is approximately 91 calendar days. DIFC and ADGM employees may actually get more total time off despite the different structure.

What Are Nursing Break Rights for Working Mothers?

Under Article 30 of the UAE Labour Law, a working mother returning from maternity leave is entitled to two daily nursing breaks of 30 minutes each (total: 1 hour per day) for 6 months following the date of delivery. These breaks are paid and are in addition to regular rest breaks. The employer cannot refuse, reduce, or replace these breaks with overtime pay. In DIFC, nursing mothers get 1 hour per day for 4 months. The breaks can be combined into a single 1-hour period — typically at the start or end of the working day — with employer agreement.

Nursing breaks are a statutory entitlement, not a discretionary benefit.

Nursing Break Rules

Practical Arrangements

Most employers and employees agree to one of these arrangements:

• Two 30-minute breaks during the workday (e.g., mid-morning and mid-afternoon).
• One 60-minute break combined (e.g., starting work 1 hour late or leaving 1 hour early).
• Flexible arrangement integrated with working hours.

The employer must provide a suitable private space for nursing or expressing milk. Open-plan offices require a dedicated room.

What Job Protections Exist for Pregnant Employees?

UAE law prohibits terminating a female employee because of pregnancy or maternity leave. Article 30(6) of the Labour Law states that dismissal during maternity leave is unlawful. If an employer terminates a pregnant employee or an employee on maternity leave, the termination is considered arbitrary, entitling the employee to compensation of up to 3 months' salary under Article 47 — in addition to end-of-service gratuity and notice period pay. The protection extends from the confirmation of pregnancy through the end of maternity leave.

Protection is not absolute — an employer can still terminate for legitimate cause (gross misconduct under Article 44) even during pregnancy. But the burden of proving legitimate cause shifts to the employer.

Protected Period

Employer Obligations During Pregnancy

What If You Are Dismissed During Pregnancy?

1. Document the dismissal — obtain the termination letter and note the stated reason.
2. File a complaint with MOHRE (Ministry of Human Resources and Emiratisation) within the applicable limitation period.
3. If MOHRE cannot resolve it, the complaint is referred to the Labour Court.
4. Claim arbitrary dismissal compensation (up to 3 months' salary) plus any unpaid maternity benefits.
5. A labor lawyer in Dubai can assess your specific situation and represent you.

How Does Parental Leave Affect End-of-Service Gratuity?

Maternity leave at full pay counts toward the calculation of continuous service for end-of-service gratuity purposes. The half-pay period also counts. Unpaid maternity extension (the additional 45 days) does not count toward continuous service. Paternity leave at full pay counts fully. This means taking parental leave does not reduce your gratuity entitlement — except for the unpaid extension period, which may be excluded from the service calculation.

Gratuity calculations require precision, especially when multiple types of leave are involved.

Leave Impact on Gratuity

Does UAE Law Provide Leave for Adoption or Surrogacy?

The UAE Labour Law does not explicitly provide for adoption leave or surrogacy-related parental leave. However, the law's parental leave provisions apply to the "birth" of a child, and the practical application in adoption cases remains largely untested in UAE courts. Some employers voluntarily offer adoption leave as part of their benefits package. In DIFC, the employment law is similarly silent on adoption leave specifically, but some DIFC employers follow international standards and provide equivalent leave for adoptive parents through company policy.

This is a gap in UAE labour legislation that has not yet been addressed.

For employees seeking time off for adoption, the options are:

• Annual leave — use accrued annual leave.
• Unpaid leave — request unpaid leave with employer agreement.
• Company policy — some multinationals and larger employers have adoption leave policies.
• MOHRE guidance — there is no published guidance specifically addressing adoption leave.

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Frequently Asked Questions

Can an employer ask about pregnancy during a job interview? UAE law does not explicitly prohibit pregnancy-related questions in interviews. However, making hiring decisions based on pregnancy status could constitute discrimination. The UAE's anti-discrimination legislation (Federal Decree-Law No. 34 of 2023) prohibits gender-based discrimination in employment. An employer who rejects a candidate solely due to pregnancy risks a discrimination claim, though enforcement in this area is still developing.

What happens if I get pregnant during probation? You are still entitled to full maternity leave. The employer cannot terminate you because of the pregnancy. However, during probation either party can terminate with 14 days' notice for reasons unrelated to pregnancy. If the timing of a probation termination coincides suspiciously with a pregnancy disclosure, the employee may challenge it as arbitrary.

Can I extend maternity leave with annual leave? Yes. Many employees take their accrued annual leave immediately before or after maternity leave to extend the total time off. This is a matter of employer approval — annual leave scheduling is typically at the employer's discretion. However, refusing a reasonable request to attach annual leave to maternity leave could be challenged as discriminatory if male employees routinely receive similar scheduling flexibility.

Is there parental leave for fathers beyond the 5-day paternity leave? Not under federal law. Some employers — particularly international companies and those in DIFC/ADGM — offer extended parental leave policies. The 5-day statutory paternity leave is a minimum. Employees should check their employment contract and company handbook for any additional entitlements.

What if my employer does not pay me during maternity leave? Non-payment of maternity leave wages is a Labour Law violation. File a complaint with MOHRE. The employer is required to pay the full-pay portion (45 days) and half-pay portion (15 days) as they fall due — usually on the normal payroll date. MOHRE can order payment and impose administrative penalties on the employer for non-compliance.

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