Maternity rights in the UAE explained
Whether you’re pregnant, thinking about returning to work, or even planning to adopt, it’s important to have a clear picture of your employment rights.
We asked a senior Dubai-based employment lawyer to give us an overview:
Statutory maternity rights in the UAE vary depending on where your company is located and which labour law it’s governed under. It’s a good idea to check your company handbook/policies as it’s common practice for companies (particularly global international companies) to offer more favourable maternity leave and benefits than those provided for under the law.
The UAE Labour Law applies to anyone working for an onshore UAE company and those located in all UAE free zones. However, if you’re working in the Dubai International Financial Centre (DIFC) or Abu Dhabi Global Market (ADGM), your rights vary slightly. Below is an overview for all three jurisdictions.
How much leave do I get and what’s the maternity pay?
UAE labour law
60 calendar days (circa 8 weeks) paid as follows:
First 45 calendar days – full pay
Next 15 calendar days – half pay
All employees (male and female) are also entitled to 5 working days of paid parental leave, which must be taken within 6 months from the date of birth.
Is there a qualifying period?
UAE labour law
No. You will automatically qualify for full maternity leave, and pay, irrespective of length of service (including any probationary period).
DIFC & ADGM
Yes. Employees are required to have completed at least 12 months of continuous employment prior to the actual or expected week of childbirth. Your company may waive this, however, so check your handbook/policies. Legally, you must give your employer notice of your pregnancy at least 8 weeks before the expected week of birth in the DIFC and 21 days in ADGM.
Can my company claw back my maternity pay if I leave within a certain timeframe on return?
UAE labour law, DIFC & ADGM: No. However, check your company handbook/policy as your company might have conditions attached to any additional maternity leave / pay (offered over and above the statutory minimum).
Are there any additional leaves?
UAE labour law
Yes. The UAE Labour Law provides for additional maternity leave subject to meeting qualifying conditions. In the event your baby is born with an illness or disability, that requires constant companionship, you’re eligible for an additional 30 calendar days of maternity leave at full pay. You have the option to extend this for an additional 30 calendar days, unpaid, on request. Should you, or your baby, suffer an illness because of the pregnancy or birth, you’re entitled to an additional 45 calendar days of maternity leave, unpaid.
A doctor’s certificate will be required to evidence any illness.
What happens if I need to breastfeed or pump at work?
UAE labour law & DIFC
You’re entitled to take nursing breaks of up to one hour a day (1 hour break or 2 thirty-minute breaks) for 6 months following the birth. Speak with your employer: in practice employees often come in an hour later or leave an hour earlier.
ADGM
There is no statutory entitlement under the ADGM Employment Regulations to time off for nursing breaks. However, your company may offer this regardless so check your handbook.
Am I entitled to time off for ante-natal appointments?
UAE labour law
The UAE Labour Law doesn’t specifically address time off for ante natal appointments, however, speak with your employer: Typically, employees are allowed to take reasonable time off for appointments during working hours, provided they’ve given sufficient notice.
DIFC & ADGM
Yes. Employees can take reasonable time off (with pay) for the purposes of attending ante natal appointments. Your employer is entitled to request a medical certificate confirming the appointment, and sufficient prior notice should be given.
What happens in the event I miscarriage or experience a stillbirth?
UAE labour law
Employees are entitled to full maternity leave (and pay) in the unfortunate event they suffer a miscarriage (after 6 months of carrying) or the baby is stillborn or dies shortly after birth.
DIFC
There’s no statutory entitlement to maternity leave in these unfortunate circumstances under the DIFC Employment Law or ADGM Employment Regulations, however, check your company handbook/policy, failing which (if you feel comfortable) speak to HR. You always have the option of utilizing your sick leave if you have it available.
Is there any adoption leave under the law?
UAE labour law
No however, check your company handbook/policies. Many companies offer adoption leave on similar terms to maternity.
DIFC
Yes. The same maternity rights will apply if you’re adopting a child under the age of 5 years. Any references to childbirth are treated as references to the date of adoption. Employees who plan to adopt a child are entitled to take up to an aggregate of 8 hours off during working hours (with pay) to attend adoption proceedings. Your employer is entitled to request evidence of the adoption proceedings.
ADGM
Yes. The same maternity rights will apply if you’re adopting a child under the age of 3 months. Any references to childbirth are treated as references to the date of adoption.
Can my employer terminate me because of my pregnancy?
UAE labour law & ADGM
No. Whilst maternity leave is not a protected characteristic under the law, an employer is prohibited from terminating an employee because of her pregnancy or the fact she will take maternity leave. In ADGM, An employee is entitled to return to the same job (or a suitable alternative) with the same terms and conditions and seniority.
DIFC
No. The DIFC Employment Law prohibits discrimination on the grounds of pregnancy and maternity. An employee is entitled to return to the same job (or a suitable alternative) with the same terms and conditions.