UAE Maternity & Paternity Leave 2026: Complete Employer Obligations Guide

UAE maternity and paternity leave entitlements were significantly updated in the 2022 Labour Law — and many employers are still running policies based on the old rules. Beyond the compliance risk, getting parental leave wrong is one of the fastest ways to lose talented employees at the most critical moment of their personal lives. This guide covers every entitlement, the pay calculation rules, job protection obligations, and the practical steps that keep your HR team on the right side of MOHRE.

UAE Maternity Leave Entitlement — What the Law Requires

Under Federal Decree-Law No. 33 of 2021, female employees in the UAE private sector are entitled to 60 calendar days of maternity leave:

• First 45 days: Full pay.
• Next 15 days: Half pay.

This entitlement applies regardless of the employee's length of service — there is no minimum service requirement before maternity leave can be taken. Under Article 30, the 60 days can be taken before and/or after delivery, with the full entitlement starting no later than the delivery date. The leave is not reduced if the birth is premature or if the employee voluntarily returns early.

Free zone rules may differ — DIFC Employment Law provides 65 working days of maternity leave at full pay, which is more generous than the mainland minimum.

Extended Maternity Leave for Illness

If a medical complication arises from pregnancy or childbirth, a female employee may take an additional 45 days of unpaid leave following the initial 60-day entitlement. A medical certificate from a licensed healthcare provider must support the extension request. During this extended leave, the employer cannot terminate the employee.

Job Protection During Maternity Leave

An employee cannot be dismissed or given notice of dismissal while on maternity leave. Any notice issued during this period is void under UAE Labour Law. Returning from maternity leave to a lesser role, reduced responsibilities, or reduced pay also constitutes constructive dismissal — a claim that UAE labour courts have upheld in multiple cases.

The employee has the right to return to the same role she held before leave. If the role no longer exists due to genuine restructuring, the employer must offer a comparable alternative and document the business reason in writing.

Breastfeeding Break Entitlement

For the six months following a return from maternity leave, a female employee is entitled to two daily nursing breaks of 30 minutes each — or one break of one hour. These breaks are paid and cannot be deducted from salary or annual leave. The timing of breaks should be agreed between the employee and manager, but the entitlement cannot be refused. As a best practice — and increasingly an expectation in MOHRE guidance — employers should provide a private, hygienic nursing space on the premises for employees who are breastfeeding.

UAE Paternity Leave — What Fathers Are Entitled To

The 2022 Labour Law introduced paternity leave as a formal entitlement for the first time. Male employees are entitled to 5 working days of paid paternity leave, which can be taken within six months of the child's birth. The employee must provide proof of birth (birth certificate) to HR.

This is a relatively new provision — many employment contracts and handbooks predate the 2022 law and do not reflect this entitlement. HR teams should audit their policies and ensure managers are aware that this leave cannot be refused.

Parental Leave for Bereavement and Other Special Leave

UAE Labour Law also provides for:

• Compassionate leave: 5 days for the death of a spouse, parent, child, sibling, grandparent, or grandchild.
• Study/exam leave: Up to 10 days per year for employees enrolled in accredited educational programmes — separate from maternity or parental leave.
• No formal adoption leave provision under mainland law (DIFC has adoption leave provisions under its separate Employment Law).

Salary Calculation During Maternity Leave

Full pay for the first 45 days is calculated on basic salary plus housing allowance for most employees — however, the employment contract and company policy govern what "full pay" includes. HR must check the contract definition before processing maternity pay. Half pay for the final 15 days is 50% of the same calculation.

Maternity pay must be processed through WPS in the normal payroll cycle. Delays in maternity pay are treated the same as any WPS violation and can trigger MOHRE penalties.

Employer Best Practices for Managing Parental Leave

1. Update your HR policy handbook to reflect the 2022 entitlements — many handbooks still show the old 45-day maternity leave figure.
2. Train managers: paternity leave and maternity leave cannot be refused; conditional approval ("we're too busy right now") creates immediate legal exposure.
3. Create a return-to-work plan for employees on maternity leave — starting the conversation 4–6 weeks before the return date prevents operational disruption.
4. Document every step: the leave request, approval, any extensions, the return date, and the role confirmation on return.
5. Use a centralised HR system to track leave dates, calculate pay automatically, and maintain the documentation trail.

Parental Leave Compliance Checklist

1. HR policy handbook updated to reflect 60-day maternity leave (not the old 45-day rule)
2. Paternity leave of 5 paid working days added to all employment contracts and handbooks
3. No dismissal or notice of dismissal issued during maternity leave or during the first 45 days of sick leave
4. Extended maternity leave of 45 days unpaid available for pregnancy-related illness with medical certificate
5. Breastfeeding break entitlement policy communicated to managers and employees
6. Maternity pay processed through WPS in regular payroll cycle — not delayed
7. "Full pay" definition verified against employment contract before calculating maternity pay
8. Return-to-work plan in place with role confirmation in writing
9. Proof of birth (birth certificate) collected for paternity leave requests
10. Compassionate leave of 5 days included in leave policy for qualifying family bereavements

Mai HRMS manages parental leave from request to return — automated pay calculation, approval workflows, return-to-work reminders, and a full audit trail stored securely for every employee.

Book a free demo and see how parental leave management works inside Mai HRMS. 30-day free trial, no credit card required.

Frequently Asked Questions

Does maternity leave entitlement apply during probation in UAE?

Yes. UAE Labour Law does not require a minimum service period before maternity leave. An employee who falls pregnant during probation is entitled to the full 60-day maternity leave entitlement. Dismissing an employee on grounds related to pregnancy during probation constitutes arbitrary dismissal and is a separate violation from the probation termination rules.

Can an employer require an employee to return before the end of maternity leave?

No. An employer cannot require an employee to return before the 60-day maternity leave period ends. Early return can only happen at the employee's voluntary request, in writing. Pressuring an employee to return early — formally or informally — creates legal exposure for constructive dismissal.

Is paternity leave paid in the UAE private sector?

Yes. Since the 2022 Labour Law, male employees in the UAE private sector are entitled to 5 paid working days of paternity leave within 6 months of the child's birth. This cannot be refused by the employer, and it applies regardless of the employee's nationality or length of service.

What happens if maternity leave is not paid correctly?

Incorrect maternity pay — whether underpaid, delayed, or processed outside WPS — is treated as a labour violation. The employee can file an MOHRE complaint, and the same WPS penalty structure applies to delayed payments during maternity leave as to any other payroll violation. Using the wrong "full pay" definition (for example, paying only basic salary when the contract specifies basic plus housing allowance) is a recurring underpayment issue that HR teams should audit proactively.

Can a female employee take annual leave immediately after maternity leave?

Yes. An employee is entitled to request annual leave (from her accrued balance) immediately following the end of maternity leave. The employer can defer the leave request for operational reasons, but cannot deny the entitlement. In practice, many employees take annual leave to extend their time away from work after maternity leave, which the employer should plan for in the return-to-work discussion.

What protection does a pregnant employee have against dismissal?

Under Federal Decree-Law No. 33 of 2021, a female employee cannot be dismissed on the grounds of pregnancy. An employee who is dismissed while pregnant — or who can demonstrate that pregnancy was the reason for dismissal — is entitled to file an MOHRE complaint for arbitrary dismissal, with potential compensation of up to 3 months' salary in addition to all statutory entitlements. The employer bears the burden of proving that the dismissal was for a genuine, unrelated reason.

Does the 2022 Labour Law change apply to free zone employers?

For mainland private sector employers, Federal Decree-Law No. 33 of 2021 applies directly. For DIFC employers, the DIFC Employment Law 2019 (as amended) applies and provides 65 working days of maternity leave at full pay — more generous than the mainland minimum. ADGM employers follow ADGM Employment Regulations. All other free zone employers generally follow federal UAE law unless their free zone authority has issued specific guidance. Always confirm the applicable rule for your entity's jurisdiction.

Is there a UAE law on parental leave for adoption?

Mainland UAE Labour Law (Federal Decree-Law No. 33 of 2021) does not include a specific adoption leave provision. Compassionate leave (5 days) may apply in certain circumstances. DIFC Employment Law includes adoption leave provisions under its separate framework. Employers who wish to offer adoption leave in mainland organisations can do so voluntarily as an enhanced contractual benefit — and once offered in writing, it becomes a binding contractual obligation.

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For informational purposes only, reflecting MOHRE guidance and UAE legislation as of June 2026. Consult a qualified UAE employment lawyer for business-specific advice.

Last updated: June 2026 by the Mai HRMS editorial team.