Topic Summary
1. UAE Maternity Leave Is 60 Days
Female employees in the UAE are entitled to 60 days of maternity leave, made up of 45 days at full pay and 15 days at half pay, regardless of whether the birth is natural or by caesarean section.
2. Paternity Leave Is 5 Working Days
UAE fathers are entitled to 5 paid working days of paternity leave following the birth of a child, which must be taken within 6 months of the birth date as per the 2022 Labour Law amendment.
3. Leave Can Begin Before or After the Due Date
Maternity leave can start up to 30 days before the expected delivery date. Any days taken before delivery are deducted from the total 60-day entitlement after the birth.
4. Nursing Breaks Are Protected for Up to 18 Months
After returning to work, mothers are entitled to two nursing breaks per day of up to 30 minutes each, with this right protected for up to 18 months after the date of birth.
5. Dismissal During Maternity Leave Is Prohibited
UAE Labour Law explicitly prohibits employers from terminating or issuing a warning to an employee during maternity leave. Any such action is legally challengeable through MOHRE.
The UAE's private sector employs over 5 million workers covered by Federal Decree-Law No. 33 of 2021 (MOHRE, 2021), yet a significant share of HR managers still miscalculate maternity leave pay or overlook the nursing break entitlement entirely, exposing their businesses to MOHRE complaints and financial penalties. The law grants 60 calendar days of maternity leave, 5 paid paternity days, and two 30-minute nursing breaks daily for six months after delivery. Getting any one of these wrong can trigger a formal labour complaint. This guide sets out exactly what maternity leave UAE law requires, how parental leave works for both parents, what nursing breaks are owed, and what compliance steps every private-sector employer must take.
UAE Maternity and Parental Leave Entitlements: Private Sector Quick Reference
Leave Type | Entitlement Detail |
|---|---|
Maternity Leave Duration | 60 calendar days total: first 45 days at full pay, final 15 days at half pay |
Unpaid Maternity Extension | Up to 45 additional days, unpaid, with a valid medical certificate from a licensed facility |
Paternity Leave | 5 working days paid; must be taken within 6 months of the child's birth |
Nursing Breaks | 2 paid breaks of at least 30 minutes each per working day, for 6 months post-delivery |
Dismissal Protection | No termination or notice of termination permitted during maternity leave; arbitrary dismissal triggers compensation |
Governing Law | Federal Decree-Law No. 33 of 2021 (private sector mainland and most free zones) |
What Does UAE Labour Law Say About Maternity Leave UAE Entitlements
Under Federal Decree-Law No. 33 of 2021, private-sector employees in the UAE are entitled to 60 calendar days of maternity leave: the first 45 days at full pay and the remaining 15 days at half pay. The leave can begin up to 30 days before the expected due date. This is the baseline for maternity leave UAE law, and it applies across the private sector on the mainland and in most free zones.
How Long Is Maternity Leave and How Is It Split
The total entitlement is 60 calendar days, not working days. That distinction matters in payroll: weekends and public holidays within the leave period count toward the 60 days and do not extend it.
The split is straightforward. The first 45 days are paid at 100% of basic salary plus contractual allowances. The final 15 days drop to 50% of the same base. Leave may begin up to 30 days before the expected delivery date, so the employee and employer should agree the start date as early as possible.
Worth flagging: this applies to the private sector under federal law. Free zone authorities and the federal public sector, which falls under Federal Law No. 11 of 2008, may set different terms. Always check the applicable authority's rules before assuming the federal defaults apply. For a Dubai mainland trading company, the process is clear: when an employee gives notice of her expected delivery date, the HR manager schedules 45 full-pay days then 15 half-pay days in the payroll system before the leave begins, not after.
Can Maternity Leave Be Extended for Medical Reasons
Yes. If a medical condition arises from pregnancy or childbirth, the employee may take an additional 45 unpaid days consecutively after the 60-day paid period. The extension requires a medical certificate from a licensed healthcare facility.
The employer cannot require the employee to draw down sick leave during this unpaid extension. So if an employee develops post-natal complications and presents a hospital certificate, the employer grants up to 45 more days unpaid without touching her sick leave balance. That's a common mistake in smaller businesses, and it's one that generates MOHRE complaints. See also our guide on MOHRE inquiry services if you need to verify a specific case.
How Many Paternity Leave UAE Days Are Fathers Entitled To
Under UAE labour law, fathers in the private sector are entitled to 5 working days of paid paternity leave, which must be taken within six months of the child's birth. This entitlement applies to all private-sector employees under Federal Decree-Law No. 33 of 2021 and forms the core of parental leave UAE provisions for fathers.
When Must Paternity Leave Be Taken
The key point most employers miss: the 5 working days do not have to be taken immediately after the birth. The father has a 6-month window from the date of delivery to use them. That flexibility is deliberate and genuinely useful in project-driven industries.
A site manager whose wife gives birth in January, for example, can choose to take his 5 days in March when the project phase allows, provided it falls within 6 months. The employer cannot refuse the leave or push it beyond that window. Once 6 months pass, the entitlement lapses.
Does Parental Leave UAE Apply Differently in Free Zones or the Public Sector
Federal Decree-Law No. 33 of 2021 covers private-sector workers across the mainland and most free zones. But some free zone authorities publish their own employment regulations, and those can differ from the federal baseline. A company registered in a UAE free zone should verify whether the free zone authority has issued specific employment rules before applying federal defaults.
Federal public-sector employees fall under Federal Law No. 11 of 2008, which sets different leave terms entirely. Emiratisation targets and Nafis incentives don't alter the leave entitlement calculation for either sector (Nafis, 2024).
What Nursing Break Entitlement Does UAE Law Provide
UAE labour law grants a nursing mother two paid nursing breaks per working day, each of no less than 30 minutes. This entitlement runs for 6 months from the date of delivery. The breaks are counted as working time and cannot reduce the employee's pay. This is one of the most frequently overlooked provisions of maternity leave UAE labour law.
How Long Do Nursing Breaks Last and Who Bears the Cost
The employer bears the full cost. Here's the detail that trips up payroll teams:
Two breaks per day, each a minimum of 30 minutes
Breaks are paid and treated as ordinary working time
Entitlement runs for the first 6 months after the delivery date
The employer cannot dock pay or require overtime to compensate for the break time
The two breaks may be combined into one 60-minute break if both parties agree in writing
In practice, a retail HR team might schedule a nursing mother's breaks at 10:00 and 14:00, each 30 minutes, marking them as paid in the attendance system from the employee's return date for 6 months post-delivery. That's the correct approach. Failing to log them as paid time is the most common compliance gap we see in smaller businesses.
What Should Employers Do Before the Employee Returns from Maternity Leave
Set up the nursing break schedule before the return date, not after. Confirm the delivery date in writing and calculate the 6-month end date. Update the attendance system to reflect paid break status. If the employee and employer agree to combine breaks, document that agreement. Failing to act before the return date means the employer is immediately non-compliant on day one back at work.
What Protections Guard Employees During and After Maternity Leave UAE
Federal Decree-Law No. 33 of 2021 prohibits dismissing or issuing a notice of dismissal to an employee while she is on maternity leave. Any termination linked to pregnancy or maternity leave is considered arbitrary dismissal, entitling the employee to compensation under UAE labour law. This is one of the strongest protections in maternity leave UAE legislation.
Can an Employer Terminate an Employee on Maternity Leave
No. Termination while on maternity leave is expressly prohibited under Federal Decree-Law No. 33 of 2021. Serving a notice of termination during the leave period is also unlawful, even if the notice period itself would run after the employee returns.
An employee dismissed in connection with pregnancy or maternity leave can claim arbitrary dismissal compensation through MOHRE. The burden of proof sits with the employer. So if a business restructures a team while a staff member is on maternity leave and eliminates her role, the employer must demonstrate the redundancy is genuine and entirely unrelated to her absence. If they can't, MOHRE can award compensation. That's a real risk, and it's not a theoretical one.
What Happens to Annual Leave Accrual During Maternity Leave
Maternity leave is not deducted from the employee's annual leave balance. Annual leave continues to accrue during the full maternity leave period, including the unpaid extension if taken.
An employee on 60 days' maternity leave accrues roughly 6.5 days of annual leave entitlement during that period, based on a standard 30-day annual leave allowance. She can use those days on return. For a full breakdown of how annual leave accrual works across different leave types, see our guide on MOHRE inquiry services and employee rights in the UAE.
Maternity Leave Pay Dubai: How to Calculate What the Employee Is Owed
Maternity leave pay in the UAE is calculated on basic salary plus regular contractual allowances. The first 45 days are paid at 100% of this figure; the following 15 days at 50%. Employers should use the same payroll base as for sick leave calculations to avoid underpayment disputes. Getting maternity leave pay Dubai calculations wrong is a direct WPS compliance risk.
What Salary Components Count Toward Maternity Pay
The calculation base is basic salary plus regular, contractual allowances such as housing and transport. Variable commission and non-contractual bonuses are generally excluded. The same gross figure used for sick leave is the correct base for maternity pay.
Here's a worked example. An employee earning AED 10,000 basic plus AED 3,000 housing allowance has a calculation base of AED 13,000 per month. For the first 45 days, she receives AED 13,000 per month (pro-rated to the days in each pay cycle). For the final 15 days, that drops to AED 6,500 per month. Employers processing payroll on a 26-day or 30-day basis should pro-rate consistently across both pay periods.
How Does the Wage Protection System Affect Maternity Pay Processing
All maternity pay must be processed through the Wage Protection System (WPS) on the standard payroll date. Late or incorrect WPS payments trigger MOHRE penalties, including potential suspension of new work permit applications. The half-pay period is a common source of errors: some payroll systems default to full pay unless manually adjusted for the 15-day split. Check your system's configuration before the leave begins, not after (MOHRE, 2024).
How Should Employers Handle Maternity and Parental Leave Compliance: 6 Steps
Employers must update contracts to reflect the 60-day maternity and 5-day paternity entitlements, process pay correctly through the Wage Protection System, record nursing breaks in attendance logs, and avoid any dismissal action during or immediately after leave to stay compliant with MOHRE requirements. Here's how to do it systematically for maternity leave UAE and parental leave UAE obligations.
Step 1 to Step 6: Employer Compliance Checklist
A Dubai mainland SME with 20 staff, for example, can add a maternity leave tracker to its HR software that flags the 45/15-day pay split, the 6-month nursing break window, and the 5-day paternity window automatically when an employee registers a birth notification. That single system change removes most of the manual compliance risk. If you need guidance on business support services to manage HR compliance, specialist PRO services can help.
Maternity Leave UAE: Key Takeaways and What to Do Next
UAE private-sector employees receive 60 days' maternity leave (45 at full pay, 15 at half pay), 5 days' paid paternity leave within 6 months of birth, and two 30-minute nursing breaks daily for 6 months. Dismissal during maternity leave is prohibited. Employers must process pay through WPS on time. These are the non-negotiable minimums under maternity leave UAE law, and parental leave UAE obligations apply equally to both parents.
Quick Reference: Entitlements at a Glance
Pin this to your HR team's onboarding pack:
Maternity leave: 60 calendar days total (45 full pay, 15 half pay)
Unpaid extension: up to 45 days with a valid medical certificate
Paternity leave: 5 working days paid, within 6 months of birth
Nursing breaks: two breaks of 30 minutes each per day, for 6 months post-delivery, paid
Dismissal protection: no termination or notice during maternity leave
Annual leave: continues to accrue during the full maternity leave period
Review your employment contracts and HR policies against the Federal Decree-Law No. 33 of 2021 checklist above. Use the MOHRE portal to verify specific employee queries or to check whether a free zone authority has issued supplementary employment regulations that override the federal defaults (u.ae, 2024).
References
Citations
Ministry of Human Resources and Emiratisation.. mohre.gov.ae. MOHRE UAE, 2025.
Nafis.. nafis.gov.ae. Nafis UAE, 2025.
UAE Government Portal.. u.ae. UAE Government, 2025.
Frequently Asked Questions
