Regulatory compliance is inevitable for any organization, 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 particular, in the UAE, where laws are influenced by religious beliefs, employees are given many privileges and security by law to ensure companies pay and treat them in a fair and transparent manner in line with ethical and moral principles.
This article will provide a simple guide to understanding UAE law for a pregnant employee, helping women understand their maternity rights as part of the workforce in the country.
According to the federal government, any female employee in the UAE in a permanent position is entitled to 90 days of maternity leave. Male employees, on the other hand, are entitled to a 5 days paternity leave. These leaves vary for the employees of local governments, i.e., they differ by one Emirates to another.
The Federal Government
As per Article 19 of Federal Decree-Law No. 49 of 2022 on Human Resources Law in the Federal Government (PDF, 1.43 MB), a female employee in a permanent position in the federal government is entitled to three months or 90 days of maternity leave with full salary, i.e., paid holidays.
Post-maternity, the employee is entitled to 2-hour reduced working hours for 6 months from the time she resumes work. This regulation in the UAE law for pregnant employees is aimed at giving the mother time to nurse the child. She can take these breaks either at the beginning or at the end of working hours, and they are fully paid for.
According to Article 20, she is entitled to a fully paid parental leave of 5 working days. She can decide if the holidays are taken continuously or intermittently within six months from the date of the child’s birth. This leave is also granted to male employees.
It is also important to emphasize that maternity leave may not be combined with leave without pay.
Dubai Government
Maternity leave in Dubai Government is regulated by Decree No. 14 of 2017 Concerning Maternity, Miscarriage, Stillbirth, and Childcare Leave for Female Employees of the Government of Dubai (PDF, 581 KB). According to this regulation, female employees are entitled for 90 days of maternity holiday starting from the delivery date.
The decree grants female employees 90 days of maternity leave starting from the delivery date. They may also apply for their leave up to 30 days before the expected date of delivery. UAE pregnant law for employees in Dubai also allows one to take annual and unpaid leave combined with the maternity holidays, taking the maximum number of days to 120.
As with other Emirates, post maternity leave, the mother is entitled to 2 hours’ reduced working hours to nurse her child for one year from the date of the baby’s birth. This break can be taken at the beginning or the end of the working hours. There is no nursing break for women during the month of Ramadan.
Paternity leave, on the other hand, amounts to three days of full-paid holidays, which should be taken within one month of the child’s birth.
Abu Dhabi Government
In Abu Dhabi, employees are entitled to three months of fully paid maternity holidays. Post-maternity, she is entitled to benefit from two hours of reduced working hours for the first year for the purpose of nursing. Male employees are entitled to three days’ paternity leave.
Sharjah Government
Since issuing a local decree in 2016, the UAE law for pregnant employees in the Sharjah government has been extended up to 120 days, comprising 90 days of paid leave and 30 days of unpaid leave.
The decree allows combining annual leave for maternity, and new mothers are allowed to take two hours of their working time for nursing up to six months from childbirth.
Ras Al Khaimah Government
In November 2016, Ras Al Khaimah Government extended the maternity holidays for pregnant employees up to 90 days of paid leave. The Ras Al Khaimah government also took the initiative in 2015 to extend the breastfeeding period to a full year, in order to enable women to exercise their maternal role.
Other Entitlements in UAE Law for Pregnant Employees
UAE law for pregnant employees extends special entitlement for women who give birth to a baby with special needs. In such cases, the employee will be granted childcare leave for the period from the expiry date of the maternity leave to the date on which her baby completes one year of age.
Female employees are also entitled to additional leave if they experience pregnancy-related complications or illnesses that prevent them from resuming work. This additional leave can be up to 45 days and is fully paid.
On the other hand, employers are not legally allowed to terminate a contract of employment of a female during her maternity holidays and within two months of her return from maternity leave.
In addition, they are also not allowed to reduce or deduct the salary of a female employee while on maternity leave, or two months after her return from maternity leave.
UAE law for pregnant employees prohibits employers from biases or discrimination against maternity leave. Legal remedies for discrimination include:
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Complaint with the Ministry of Human Resources and Emiratisation (MOHRE)
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Claim with the Federal Labour Relations Authority (FLRA)
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Lawsuit
Additional options for victims of discrimination:
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Contact the Equal Opportunities Commission (EOC)
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Legal Counsel
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:
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The employee must be employed in a regular or permanent position.
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The employee must have completed at least 1 year of service with the current employer.
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The employee must provide a medical certificate from a recognized medical authority confirming the status of pregnancy.
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 having the perfect stability to enjoy motherhood without having any financial strains.
