TRW & Co · Employment law
Maternity and Parental Leave in the UAE
Maternity leave UAE rules give private-sector employees 60 days: 45 on full pay and 15 on half pay, with no minimum service. Unpaid illness extensions, paid leave for a sick child, daily nursing breaks and five days of parental leave for each parent sit on top, and the law bars dismissal because of pregnancy. The DIFC and ADGM apply their own rules.
Key pointOnshore maternity leave has no service threshold, so group policies that require a year of service before paying maternity leave are unlawful for mainland and most free zone employees, even if their duration is more generous.
At a glance
60 days onshore
The federal Labour Law gives private-sector employees 60 days of maternity leave, 45 days on full pay and 15 days on half pay, without a service threshold.
Extensions available
Up to 45 unpaid days for illness caused by pregnancy or birth, and 30 paid days if the child is sick or has a disability, with medical evidence.
Five days for each parent
Either parent may take five working days of paid parental leave at any time between the child's birth and the child reaching six months.
No dismissal for pregnancy
Termination or notice by reason of pregnancy or maternity leave is prohibited, and notice served during leave runs only from the employee's return.
DIFC and ADGM differ
Both centres give 65 working days of maternity leave; ADGM pays 33 days in full and 32 at half pay after 12 months' service.
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Maternity leave UAE law gives a private-sector employee 60 days of maternity leave: 45 days on full pay and 15 days on half pay. She can add up to 45 unpaid days if pregnancy or childbirth causes illness, and 30 further paid days if the baby is sick or has a disability. Both parents also receive five working days of paid parental leave, and returning mothers get daily nursing breaks.
This guide sets out the federal rules for the mainland and most free zones, the protection against dismissal, how the leave interacts with notice, annual leave and pay, and how the DIFC and ADGM differ. It is written for HR teams, managers and employees planning a birth, and reflects the position as of October 2026.
The short answer: maternity leave UAE entitlements
| Entitlement | Duration and pay | Conditions |
|---|---|---|
| Maternity leave | 60 days: 45 on full pay, 15 on half pay | No minimum service period |
| Illness extension | Up to 45 days unpaid, continuous or intermittent | Illness from pregnancy or childbirth, proved by medical certificate |
| Sick child or child with a disability | 30 days on full pay, extendable by 30 days unpaid | Medical certificate confirming the child's condition |
| Nursing breaks | One or two paid breaks a day, not exceeding one hour in total | For up to six months after delivery |
| Parental leave | Five working days, paid | For either parent, between the birth and six months |
| Stillbirth or loss of the baby | Full maternity leave applies | Delivery after six months of pregnancy |
These are minimums under Federal Decree-Law No. 33 of 2021 Regulating Labour Relations, mainly Article 30 for maternity and the "other leaves" provisions for parental leave. An employer can offer more, and many do, but a contract cannot reduce them.
The legal framework
The federal Labour Law and its Executive Regulations (Cabinet Resolution No. 1 of 2022) govern private-sector employers on the mainland and in most free zones. The Ministry of Human Resources and Emiratisation (MOHRE) administers the rules and handles complaints. The government portal publishes an official summary of private-sector leave types, including maternity and parental leave, and MOHRE has a dedicated parental leave service page.
Federal and local government employees are covered by separate human resources laws, which set their own maternity entitlements. Employers in the two financial free zones follow the DIFC Employment Law or the ADGM Employment Regulations instead of the federal rules.
For a wider view of leave types and how they fit together, see our working time and leave practice page.
How maternity leave works in practice
Under maternity leave UAE rules, the 60-day entitlement does not depend on length of service, so an employee who becomes pregnant during probation is still entitled to it. The government portal's summary indicates that she may start leave up to 30 days before the expected date of delivery. Many employees prefer to work closer to the due date and take more time after the birth, which the law permits within the 60 days.
The pay split is fixed: 45 days at full pay, then 15 days at half pay. Payroll should confirm before the leave begins how basic salary, allowances and any variable pay are treated during the full-pay and half-pay periods, and record the answer in the leave letter.
Extensions for illness and a sick child
Two extensions sit on top of the 60 days. First, an employee who has used her maternity leave and is unable to return because of illness caused by the pregnancy or birth may take up to 45 additional days without pay, consecutively or intermittently, supported by a certificate from a medical authority. Unpaid periods of this kind can affect how service is counted, so employers should check the treatment before calculating gratuity.
Second, if the child is born sick or with a disability requiring constant care, she is entitled to 30 days on full pay starting when maternity leave ends, which the government portal says may be extended by a further 30 days without pay. Again, a medical certificate is required.
Stillbirth and loss of a baby
The full maternity entitlement applies if delivery takes place after six months of pregnancy, whether the child is stillborn or born alive and dies afterwards. This is a point on which compassionate handling matters as much as compliance: HR should confirm the entitlement proactively rather than wait to be asked.
Parental leave, nursing breaks and other support
Since the 2020 amendments, the UAE has provided paid parental leave to private-sector employees. Either parent is entitled to five working days, which can be taken at any point from the child's birth until the child is six months old. In practice this is the main statutory leave for fathers; mothers can take it in addition to maternity leave.
On return, a mother is entitled to one or two paid nursing breaks each day, totalling no more than one hour, for up to six months after the birth. Employers should agree the timing with the employee, record it and make sure line managers understand that the break is paid working time.
The maternity leave UAE provisions also state that an employee on maternity leave does not lose her other leave entitlements. If she works for another employer during the leave, however, her employer may withhold pay for the leave period or recover pay already made. That rule matters for employees on flexible or part-time models who hold more than one work permit.
Protection from dismissal and discrimination
The Labour Law prohibits terminating a female employee, or giving her notice, by reason of pregnancy, maternity leave or the related absences described above. The Labour Law also prohibits discrimination at work and requires equal pay for women and men doing the same work. A dismissal that coincides with pregnancy or leave will be examined closely by MOHRE and the courts, whatever reason the employer gives.
A separate article deals with notice given during any leave. If either party wishes to terminate the contract while the employee is on leave, the notice period does not begin until the day after the scheduled return, unless both parties agree otherwise. In practice, a genuine redundancy affecting an employee on maternity leave is safest handled after her return, with a documented, non-discriminatory selection process.
If a restructuring is unavoidable while an employee is on maternity leave, document the business reasons, the selection criteria and the alternatives considered before she is affected, and do not serve notice during the leave without legal advice. Our termination of employment guide explains notice, arbitrary dismissal and final dues.
Step by step: managing maternity leave
- Receive notification. Ask the employee to tell HR of the pregnancy and expected date of delivery when she is ready, and confirm entitlements in writing. Keep medical information confidential.
- Agree the leave plan. Settle the start date, the 45 full-pay and 15 half-pay days, any annual leave to be added and the expected return date.
- Adjust payroll. Configure the half-pay period and confirm how allowances, bonuses and commissions are treated, so the WPS file is correct.
- Plan cover. Arrange temporary cover without permanently reallocating the role, which can later look like a disguised dismissal.
- Handle extensions. If a medical certificate supports the illness or sick-child extension, record it and apply the right pay treatment.
- Manage family administration. Remind the employee to register the birth and apply for the child's residence through the ICP within the official deadline; our family sponsorship guide explains the process.
- Prepare the return. Agree nursing-break times, any flexible-work request and parental leave dates, and confirm the role and terms on return.
Returning to work and flexible arrangements
The federal law does not give an onshore employee a statutory right to return part-time, but the Labour Law's flexible work models, including part-time, remote and shared roles, give employers lawful ways to agree one. Any change should be recorded as a contract amendment, with leave, gratuity and working hours recalculated for the new pattern. Our remote and flexible work guide explains the options.
Employers that handle maternity leave UAE obligations well tend to have three things in place: a written policy that meets or exceeds the statutory floor, a named HR contact for the employee during leave, and a return-to-work conversation that covers nursing breaks, parental leave and any flexible-work request before the first day back. Good practice here also reduces attrition, which is often the larger cost.
How the DIFC and ADGM differ
Maternity leave UAE entitlements in the financial free zones are measured in working days and come with their own conditions. The table compares the three regimes.
| Topic | Onshore Labour Law | DIFC | ADGM |
|---|---|---|---|
| Maternity leave | 60 calendar days | 65 working days | 65 working days |
| Pay | 45 days full, 15 days half | Part on full pay, part on half pay | 33 working days full, 32 working days half |
| Service condition for pay | None | Check the conditions in the DIFC Employment Law | 12 months' continuous service |
| Adoption | Not addressed in the same terms | Covered | Covered for a child under five |
| Father's leave | Five working days' parental leave | Five working days' paternity leave | At least five working days within two months |
| Nursing breaks | Up to one hour a day for six months | Nursing breaks on return | At least one hour a day for nine months |
The ADGM figures come from the ADGM Employment Affairs Office guidance on the Employment Regulations 2024. ADGM also extends maternity rights to stillbirth or miscarriage after the start of the 24th week, requires written notice of the pregnancy at least eight weeks before the expected week of childbirth, treats public holidays during the leave as extending it, and prohibits payment in lieu of maternity leave. Employees on probation are not entitled to paid maternity or paternity leave in ADGM.
Illustrative scenario: a mid-sized Dubai employer
The following is illustrative only, with generic parties. A marketing agency licensed on the Dubai mainland employs a senior account manager who announces her pregnancy in her eighth month of employment. The agency's handbook, copied from a group template, offers "14 weeks' maternity leave after one year's service".
Two problems arise. The service condition is unlawful onshore, because the federal entitlement has none; and the handbook says nothing about half pay, nursing breaks or parental leave. Meanwhile, the agency is planning a restructure that would merge her team with another.
The agency corrects the policy so it meets the federal minimum and keeps its more generous duration, records the leave plan, and delays any restructuring decision affecting her role until it can run a documented, objective process after her return. That approach protects the business against a claim that the restructure was linked to pregnancy, and keeps a valued employee.
Common mistakes
Importing a group policy that falls below the UAE minimum
Global templates often include service thresholds, different pay splits or eligibility rules that do not work onshore. A more generous duration is fine, but any condition that removes or reduces the statutory 60 days, the pay split or the nursing breaks is void. Review group policies against the federal law and the free zone rules before adopting them, and keep a local addendum that states the statutory floor.
Serving notice during maternity leave
Termination or notice by reason of pregnancy or maternity leave is prohibited, and notice served during any leave does not start running until the employee returns unless both sides agree. Even where the reason is genuinely unrelated, timing invites an inference of discrimination. Wait until the employee returns, follow a documented process and take advice on any settlement before acting.
Forgetting nursing breaks and parental leave
Returning mothers are entitled to paid nursing breaks for six months onshore, and both parents to five working days of parental leave. Managers sometimes treat these as favours rather than rights, especially for fathers. Put both in the leave policy, add them to the HR system and brief managers, so that requests are approved routinely rather than negotiated.
Applying onshore rules to a DIFC or ADGM employee
Group HR teams sometimes run one leave policy across mainland, DIFC and ADGM entities. The centres measure leave in working days, attach different conditions and handle adoption differently. Keep separate policies, or a single policy with clearly marked jurisdiction-specific sections, and check which entity actually employs each person.
Cross-border considerations
Employees seconded from the UK, Singapore, India or Bangladesh may have home-country entitlements under their original contract or social security system. Those do not replace the UAE minimum for work performed in the UAE, but they may be more generous, and the secondment letter should say which applies and how pay is coordinated. Families should also consider the newborn's nationality registration and passport, alongside the UAE residence visa.
Our cross-border workforce planning team helps groups align global family-leave policies with UAE law.
Maternity leave UAE checklist for employers
- Check that your employment policies meet the federal minimum and the DIFC or ADGM rules where relevant.
- Remove any service threshold for onshore maternity leave.
- Configure payroll for 45 full-pay and 15 half-pay days, and for any extension.
- Schedule nursing breaks and parental leave on return.
- Do not give notice by reason of pregnancy or leave; defer restructuring decisions where possible.
- Keep medical information confidential and limited to those who need it.
- Remind employees about the child's birth registration and residence application.
TRW & Co advises employers on family-leave policies, restructurings involving employees on leave and related employment disputes. Where court representation is needed, we work alongside locally licensed advocates. To discuss your situation, contact our Dubai team at info@trw.co or +971 58 942 1012.
Frequently asked questions
01How long is maternity leave in the UAE private sector?
Under the federal Labour Law, private-sector employees on the mainland and in most free zones are entitled to 60 days of maternity leave: 45 days on full pay and 15 days on half pay. There is no minimum service requirement. An employee may add up to 45 unpaid days if illness caused by pregnancy or childbirth prevents her return, and 30 paid days if the child is sick or has a disability. Employees in the DIFC and ADGM have 65 working days under their own laws.
02Do I need to complete a year of service to get maternity leave in the UAE?
Not onshore. The federal Labour Law grants the 60-day maternity entitlement regardless of length of service, so an employee on probation is also entitled to it. Employer policies that impose a service threshold are void to the extent they reduce the statutory minimum. The position is different in the ADGM, where maternity pay requires 12 months' continuous service and employees on probation are not entitled to paid maternity leave, and the DIFC also applies its own conditions.
03How much paternity leave do fathers get in the UAE?
Private-sector employees are entitled to five working days of paid parental leave, which either parent can take between the child's birth and the child reaching six months. For fathers onshore this is the main statutory entitlement. In the ADGM, fathers receive at least five working days of paternity leave within two months of the birth or adoption of a child under five, and the DIFC also provides five working days of paternity leave.
04Can my employer terminate me while I am on maternity leave?
The Labour Law prohibits terminating a female employee, or giving her notice, by reason of pregnancy or maternity leave. Separately, if either party gives notice while the employee is on leave, the notice period does not begin until the day after her scheduled return unless both agree otherwise. A dismissal unrelated to pregnancy is not automatically unlawful, but timing invites scrutiny. Employees who believe they were dismissed because of pregnancy can file a complaint with MOHRE.
05Can I combine annual leave with maternity leave in the UAE?
Yes, in practice. An employee on maternity leave does not lose her other leave entitlements, and annual leave can usually be scheduled immediately before or after maternity leave by agreement with the employer, which sets leave dates according to work needs. Agree the combined plan in writing in advance. In the ADGM, vacation leave expressly continues to accrue during maternity leave and can be taken separately.
06Are nursing breaks paid in the UAE?
Yes. After returning from maternity leave, an employee in the private sector is entitled to one or two nursing breaks a day, not exceeding one hour in total, for up to six months after the birth, and these breaks are paid. In the ADGM, a returning mother whose working day exceeds six hours is entitled to at least one hour of nursing break a day for nine months after the birth, in addition to her normal rest break.
Sources and official materials
- Federal Decree-Law No. 33 of 2021 Regulating Labour Relations — Maternity leave (Article 30), parental leave and notice during leave
- Types of leave in the private sector (UAE government portal) — Official summary of maternity and parental leave
- MOHRE: parental leave — Ministry service page for parental leave
- Ministry of Human Resources and Emiratisation — Labour complaints and guidance
- ADGM Employment Affairs Office: Guidance on the Employment Regulations 2024 — ADGM maternity, paternity and nursing breaks
General information only, current as at 27 October 2026. It is not legal advice and does not create a lawyer–client relationship. UAE law differs between the onshore jurisdiction, the DIFC, ADGM and the free zones, and changes frequently; check current official sources and take advice on the facts of your matter.
