Key Takeaways

• UAE law protects maternity rights, ensuring paid leave and job security for working mothers.

• Pregnant employees are entitled to 60 days of leave, promoting a healthy work-life balance and overall well-being.

• Understanding leave rights helps employees plan their careers and family life confidently.

Regulatory compliance is inevitable for any organisation, serving as a critical component of sustainable business operations. Every business function should be designed and conducted in a way that complies with established laws and regulations.

In the UAE, where religious beliefs influence laws, employees are afforded numerous privileges and protections by law to ensure companies pay and treat them fairly and transparently, in line with ethical and moral principles.

This article provides a straightforward guide to understanding UAE law for pregnant employees, helping women understand their maternity rights within the country's workforce. 

Understanding Maternity Leave Entitlements in the UAE

According to the UAE Federal Law, female employees in permanent positions are entitled to 90 days of paid maternity leave, which can commence up to 30 days prior to the expected due date. 

For employees in the public sector, maternity leave policies may vary by Emirate. For example, Dubai Government employees may receive up to 120 days (90 paid, 30 unpaid). It's essential to check with your HR department or local government regulations to confirm specific entitlements.

Maternity Leave Policies Across the UAE

Maternity leave in the UAE varies between federal and local government regulations. Here's a closer look at what employees can expect in different Emirates.

The Federal Government

Under Article 19 of Federal Decree-Law No. 49 of 2022, female federal employees in permanent roles are entitled to the following:

• Fully-paid maternity leave: 90 days 

• Breastfeeding Period: 2 hours of paid daily leave for 6 months, taken at the start or end of the workday.

• Flexible Use: Leave can be taken continuously or intermittently.

• Usage Period: Must be used within 6 months of the child’s birth.

Dubai Government

Maternity and parental leave in the Dubai Government is set by Decree No. 14 of 2017, outlining key benefits for mothers:

• Leave Duration: Female employees are entitled to 90 days of paid maternity leave, commencing from the date of delivery.

• Pre-Delivery Leave: Up to 30 days of leave may be taken before the expected delivery date.

• Extended Leave Option: Maternity leave can be extended through combined maternity and extended leave, allowing the use of annual and unpaid leave for a total of up to 120 days.

• Reduced Hours for Mothers: After maternity leave, mothers are entitled to 2 hours of reduced working hours daily for one year from the child’s birth.

• Schedule Flexibility: These hours can be taken at the beginning or end of the workday.

• Ramadan Exclusion: The reduced hours benefit does not apply during the month of Ramadan.

Abu Dhabi Government

• Maternity Leave: Female government employees in Abu Dhabi are entitled to 3 months of fully paid maternity leave.

• Extended Leave Option: With approval, maternity leave can be combined with annual or unpaid leave to extend time off.

• Reduced Working Hours: Upon return, mothers receive 2 hours of reduced working hours daily for the first year after childbirth to support nursing.

• Family-Friendly Policy: These provisions demonstrate Abu Dhabi’s dedication to supporting working parents and promoting a family-friendly workplace.

Sharjah Government

• Total Maternity Leave: Employees are entitled to up to 120 days of maternity leave, comprising 90 days of paid leave and 30 days of unpaid leave.

• Annual Leave Combination: Annual leave may be combined with maternity leave as permitted by the 2016 local decree.

• Breastfeeding Breaks: New mothers can take up to 2 hours of their daily working time for nursing, for up to 6 months after childbirth.

Ras Al Khaimah Government

• Maternity Leave: Female employees in the Ras Al Khaimah Government are entitled to 90 days of fully paid maternity leave, as extended in November 2016.

• Breastfeeding Period: In 2015, the government extended the breastfeeding support period to a full year.

• Reduced Working Hours: Mothers receive 2 hours of reduced working hours daily during the breastfeeding period.

• Work-Life Balance Support: These measures reflect the government’s commitment to supporting family welfare and improving work-life balance.

Workplace Protection for Pregnant Employees

Extended Leave and Job Security Provisions

• Female employees who give birth to a baby with special needs are entitled to extended childcare leave until the child turns one.

• Employees facing pregnancy-related health issues may be eligible for up to 45 days of fully paid additional leave.

• Employers are prohibited from terminating an employee during maternity leave or within 2 months of the employee's return from it.

• Salary deductions during maternity leave or for 2 months after returning are not allowed.

Protection Against Maternity Discrimination

UAE law safeguards pregnant employees against maternity leave discrimination, prohibiting any unfavorable treatment related to their leave. Legal remedies include:

• MOHRE (Ministry of Human Resources and Emiratisation)

• FLRA (Federal Labour Relations Authority)

• Filing a lawsuit

Additional options for victims of discrimination:

1. Contact the Equal Opportunities Commission (EOC)

2. Legal Counsel

Health Coverage and Maternity Benefits in the UAE

Employers in the UAE are legally required to provide health insurance for female employees, covering maternity-related expenses, including prenatal care, childbirth, and postnatal treatment. Women on maternity leave retain access to these health benefits, ensuring medical coverage throughout the maternity period.

Returning to Work After Maternity Leave

The transition back to work can be a challenging process. UAE employers are encouraged to support new mothers by offering flexible work options, such as part-time schedules or remote work arrangements, as well as, in some cases, childcare services or partnerships with daycare providers.

Breastfeeding Rooms and Workplace Support Facilities

While not mandatory by law, employers are encouraged to provide private, hygienic, and accessible nursing rooms for female employees returning from maternity leave. This supports two-hour daily breaks for nursing mothers and aligns with health and safety practices outlined by MOHRE and Occupational Safety Standards.

Penalties for Employers Violating Maternity Rights

UAE Labour Law imposes fines and sanctions for non-compliance with maternity leave regulations:

• Illegal termination can lead to reinstatement orders or compensation payouts.

• Employers may face labour court action, public blacklisting, or suspension of their business licence.

• Employees can file complaints directly via MOHRE’s digital platform or hotline.

Eligibility Criteria for Maternity Holidays And Benefits 

For a female employee to be eligible for maternity leave in the UAE, she must meet the following criteria:

1. The employee must be employed in a regular or permanent position. 

2. The employee must have completed at least 1 year of service with the current employer.

3. The employee must provide a medical certificate from a recognized medical authority confirming their pregnancy status.

All these provisions and regulatory frameworks apply to both public and private sector employees. The UAE law for pregnant employees is designed to ensure that all working mothers receive equal benefits and protection, while providing the stability to enjoy motherhood without any financial strain.