Maternity Leave - 45/60 Days (UAE)

A statutory entitlement under UAE Federal Decree-Law No. 33 of 2021, granting private-sector employees 45 days of fully paid maternity leave, extendable by 15 additional unpaid days, with special provisions for mothers of children with disabilities receiving 30 extra days of paid leave.

What Is Maternity Leave in the UAE?

Key Takeaways

  • UAE Federal Decree-Law No. 33 of 2021 provides all private-sector female employees with 45 calendar days of fully paid maternity leave, regardless of length of service.
  • An additional 15 days of unpaid leave can be taken immediately after the paid period, giving a maximum of 60 days total.
  • Mothers of children with disabilities are entitled to 30 extra days of paid leave after the initial 45 days, extendable by another 30 unpaid days.
  • The leave can start up to 30 days before the expected delivery date. There's no qualifying service period.
  • This was a major improvement over the old Federal Law No. 8 of 1980, which provided only 45 days with a split pay structure (first 15 days at full pay, next 30 at half pay).

The UAE overhauled its maternity leave rules in 2022 when Federal Decree-Law No. 33 of 2021 came into effect. The change was significant. Under the old law, maternity leave was 45 days but paid at a tiered rate: 15 days at full pay and 30 days at half pay. The new law simplified this to 45 days at full pay. Full stop. No more graduated pay schedules. The 15-day unpaid extension remains optional but available. An employee who wants it simply needs to inform the employer before the paid leave expires. No approval process, no medical justification needed. She just takes it. The law applies to all female employees in the private sector, including those on probation and those with less than one year of service. Free zone employees in most zones follow federal law for maternity leave, though DIFC and ADGM have their own separate rules. For HR teams used to the old tiered system, the transition meant updating payroll calculations and leave policies. The good news: the new system is simpler to administer. One rate, one duration, no prorating arguments.

45 daysFully paid maternity leave for private-sector employees under UAE Labour Law (Federal Decree-Law No. 33 of 2021)
15 daysAdditional unpaid maternity leave available after the initial 45 paid days
30 daysExtra paid leave for mothers of children with disabilities (can be extended by another 30 unpaid days)
100%Pay rate for the first 45 days of maternity leave, based on full salary

Maternity Leave Structure and Pay Breakdown

The current UAE maternity leave framework has multiple tiers based on circumstances.

Leave TypeDurationPay RateEligibility
Standard maternity leave45 calendar days100% of salaryAll female private-sector employees
Unpaid extension15 calendar days0% (unpaid)All female employees (no approval needed)
Disability child leave30 calendar days100% of salaryMothers of children with documented disabilities
Disability child extension30 calendar days0% (unpaid)Mothers of children with documented disabilities
Pre-delivery leaveUp to 30 days before due dateDeducted from 45-day entitlementEmployee's choice
Nursing breaks2 breaks of 30 minutes each, for 6 monthsPaid (part of working hours)Returning mothers for 6 months post-delivery

Old Law vs New Law: What Changed

Understanding the differences matters because some employment contracts signed before February 2022 still reference the old provisions.

Federal Law No. 8 of 1980 (old)

The previous law granted 45 days of maternity leave with a tiered pay structure: first 15 days at full salary, next 30 days at half salary. There was no explicit provision for mothers of children with disabilities. The unpaid extension was available, but the law was less clear about it. Many employers interpreted the old law differently, leading to inconsistent practices across the market.

Federal Decree-Law No. 33 of 2021 (current)

The new law flattened the pay structure to 45 days at 100% salary. It introduced the specific 30-day paid provision for mothers of children with disabilities. It clarified the 15-day unpaid extension as an employee right. It also established nursing break entitlements (two 30-minute paid breaks per day for 6 months after return). Any contract clause less favourable than the new law is automatically void, even if the contract was signed under the old law.

Notification and Documentation Requirements

Both employees and employers have specific obligations around the maternity leave process in the UAE.

Employee obligations

The employee should notify the employer in writing about the expected delivery date and her preferred leave start date. While the law doesn't specify a mandatory notice period, best practice is at least 30 days' advance notice. A medical certificate from a UAE-licensed physician confirming the pregnancy and expected delivery date is required. For the disability child leave, a medical report from a licensed UAE hospital documenting the child's condition is needed.

Employer obligations

The employer must pay the full salary for the 45-day period without delay. Salary here means the employee's full contractual salary, not just the basic pay. Allowances like housing and transportation are included unless the contract explicitly excludes them from leave pay. The employer can't ask the employee to work during maternity leave, and any such request is void. Upon the employee's return, nursing breaks must be provided and counted as paid working hours.

Free Zone Maternity Leave Variations

The UAE has over 45 free zones, and maternity leave rules can differ depending on the zone's governing law.

DIFC (Dubai International Financial Centre)

DIFC follows its own employment law (DIFC Employment Law No. 2 of 2019). Maternity leave in DIFC is 65 working days: 33 days at full pay, 32 days at half pay. This is more generous than mainland UAE in total duration but less generous in pay for the second half. DIFC also provides 5 days of paternity leave and allows up to 10 parental leave days per year per parent.

ADGM (Abu Dhabi Global Market)

ADGM employment regulations provide for maternity leave that aligns closely with the DIFC model rather than the federal law. Specific provisions vary and should be checked against the current ADGM Employment Regulations. ADGM tends to update its employment regulations more frequently than other free zones.

Other free zones

Most other free zones (JAFZA, DMCC, DAFZA, SAIF Zone, RAK FTZ) follow federal labour law for maternity leave. However, some zones have their own employment regulations that may include additional provisions. Always check the specific free zone authority's published employment rules before advising employees.

Best Practices for UAE Employers

Practical steps HR teams should take to manage maternity leave effectively under UAE law.

  • Update all employment contracts and handbooks to reflect the new law. Any clause referencing the old tiered pay structure (15 days full, 30 days half) is void and creates confusion.
  • Calculate maternity pay on the full salary package, not just basic salary, unless the contract explicitly defines leave pay otherwise. MOHRE inspectors check this.
  • Set up payroll to handle the 45-day paid period as a single block at 100% rate. Remove any old tiered calculation logic from your payroll system.
  • Document the nursing break schedule with the returning employee. Two 30-minute breaks per day, scheduled at times that work for both parties.
  • Create a clear process for the disability child leave request, including which medical documentation is accepted and the timeline for submission.
  • Track maternity leave balances separately from annual leave and sick leave. Overlapping calculations lead to payroll errors.

UAE Maternity Leave Statistics [2026]

Key figures reflecting maternity leave provisions and workplace demographics in the UAE.

45 days
Fully paid maternity leave in the UAE private sectorFederal Decree-Law No. 33 of 2021
60 days
Maximum total maternity leave including the 15-day unpaid extensionUAE Labour Law, 2022
46.6%
Female labor force participation rate in the UAEWorld Bank, 2023
105 days
Total paid and unpaid leave for mothers of children with disabilitiesUAE Labour Law, Article 30

UAE vs Other GCC Countries: Maternity Leave Comparison

The UAE's 45-day paid entitlement positions it within the mid-range of GCC maternity leave policies.

CountryPaid DurationPay RateUnpaid Extension
UAE45 days100%15 days
Saudi Arabia70 days (10 weeks)100%Up to 60 days unpaid
Qatar50 days100%Up to 60 days unpaid
Kuwait70 days (10 weeks)100%Up to 4 months unpaid
Bahrain60 days100% (first 45 days), 75% (next 15 days)15 days unpaid
Oman98 days (14 weeks)100%Not specified

Frequently Asked Questions

Does maternity leave apply during the probation period in the UAE?

Yes. Unlike sick leave, maternity leave under the new law applies from the first day of employment. There's no service requirement. An employee who becomes pregnant during her probation period is entitled to the full 45 days of paid maternity leave. The employer can't terminate probation because of pregnancy. Doing so would constitute discrimination under UAE Labour Law.

Can an employer ask a pregnant employee to resign in the UAE?

No. Pressuring or terminating a female employee because of pregnancy, maternity leave, or nursing breaks is a violation of the UAE Labour Law. The employee can file a complaint with MOHRE. If the employer terminates the contract and the employee can demonstrate the termination was pregnancy-related, it's treated as arbitrary dismissal, entitling the employee to compensation of up to 3 months' salary in addition to notice period pay and end-of-service gratuity.

Is maternity leave calculated in calendar days or working days?

Calendar days. The 45-day paid period and the 15-day unpaid extension both count calendar days, including weekends and public holidays. This is an important distinction. A 45-calendar-day leave starting on a Monday effectively gives roughly 6.5 weeks including the weekends within that period.

What happens if the baby arrives early or late?

If the baby is born before the expected date and the employee hasn't started maternity leave yet, the leave begins on the date of delivery. If she's already on leave, the total entitlement remains 45 days from whenever leave started. If the delivery is late, the pre-delivery period counts against the 45 days. There's no extension for late delivery, though the employee can use the 15-day unpaid period or annual leave to extend time off.

Can maternity leave be split or taken flexibly?

The law doesn't explicitly provide for splitting maternity leave. The 45 days are intended to be taken as a continuous block, starting before or on the day of delivery. However, the 15-day unpaid extension doesn't have to be taken immediately. Some employers allow flexibility by agreement. The nursing breaks (two 30-minute periods per day for 6 months) provide a form of ongoing support after return.

How does maternity leave affect the end-of-service gratuity?

The 45-day paid maternity leave period counts as continuous service for end-of-service gratuity calculations. The 15-day unpaid extension also counts as service, as the employment relationship hasn't been interrupted. If the employee was terminated during maternity leave (which would itself be unlawful), the gratuity would still be calculated up to the termination date.
Adithyan RKWritten by Adithyan RK
Surya N
Fact-checked by Surya N
Published on: 25 Mar 2026Last updated:
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