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.
Key Takeaways
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.
The current UAE maternity leave framework has multiple tiers based on circumstances.
| Leave Type | Duration | Pay Rate | Eligibility |
|---|---|---|---|
| Standard maternity leave | 45 calendar days | 100% of salary | All female private-sector employees |
| Unpaid extension | 15 calendar days | 0% (unpaid) | All female employees (no approval needed) |
| Disability child leave | 30 calendar days | 100% of salary | Mothers of children with documented disabilities |
| Disability child extension | 30 calendar days | 0% (unpaid) | Mothers of children with documented disabilities |
| Pre-delivery leave | Up to 30 days before due date | Deducted from 45-day entitlement | Employee's choice |
| Nursing breaks | 2 breaks of 30 minutes each, for 6 months | Paid (part of working hours) | Returning mothers for 6 months post-delivery |
Understanding the differences matters because some employment contracts signed before February 2022 still reference the old provisions.
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.
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.
Both employees and employers have specific obligations around the maternity leave process in the UAE.
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.
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.
The UAE has over 45 free zones, and maternity leave rules can differ depending on the zone's governing law.
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 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.
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.
Practical steps HR teams should take to manage maternity leave effectively under UAE law.
Key figures reflecting maternity leave provisions and workplace demographics in the UAE.
The UAE's 45-day paid entitlement positions it within the mid-range of GCC maternity leave policies.
| Country | Paid Duration | Pay Rate | Unpaid Extension |
|---|---|---|---|
| UAE | 45 days | 100% | 15 days |
| Saudi Arabia | 70 days (10 weeks) | 100% | Up to 60 days unpaid |
| Qatar | 50 days | 100% | Up to 60 days unpaid |
| Kuwait | 70 days (10 weeks) | 100% | Up to 4 months unpaid |
| Bahrain | 60 days | 100% (first 45 days), 75% (next 15 days) | 15 days unpaid |
| Oman | 98 days (14 weeks) | 100% | Not specified |