Maternity Leave in UAE: 2025 Guide for Employers & HR Professionals

Introduction

Maternity leave is not merely a benefit in the UAE; it is a legally protected right that has significant implications for employers, HR teams, and workforce planning. Whether you advise organizations, manage recruitment, or build HR policy frameworks, you must know both the legal entitlements and the practical dynamics. In 2025, with increasing female workforce participation and evolving employment norms, this topic carries weight. This guide brings you the latest law, everything an employer must do, plus the HR best practices that go beyond compliance to drive retention and well-being.

Legal Framework: What the Law Actually Says regarding Maternity Leave in UAE

Private Sector

The foundational statute governing private sector employment is Federal Decree-Law No. 33 of 2021, which regulates labor relations. Under Article 30:

• A female worker is entitled to 60 calendar days of maternity leave:

  • 45 days at full pay

  • 15 days at half pay. (UAE Legislation)

• An employee may then take up to 45 days of unpaid leave if they are unable to return to work due to illness affecting themselves or their child, provided they have a medical certificate. (UAE Legislation)

• If a child is born with an illness or disability, the law provides for an additional 30 days of full pay followed by 30 days of unpaid leave after the maternity period.

• During the six months following the date of birth, a mother is entitled to nursing breaks consisting of one or two rest periods per day, totaling up to two hours. UAE Legislation

• According to the article, it is unlawful to terminate employment or notify an employee of termination due to pregnancy, maternity leave, or absence. (Federal Decree Law: 33)

Government/Public Sector

This applies to federal government employees as defined by Federal Decree-Law No. 49 of 2022 (Human Resources Law in the Federal Government):

• Article 19 of Federal Decree-Law No. 49 of 2022 provides 90 days of fully paid maternity leave.

• Nursing breaks are available for up to 6 months after returning to work, allowing for one or two breaks each day, with a maximum duration of two hours per break. Additionally, several Emirates, such as Abu Dhabi and Dubai, have their own regulations that enhance or clarify these rights. (U.ae)

Parental & Other Leaves

In the private sector, a parental leave of five working days is granted to a father or mother within six months of childbirth.

Comparing Private Sector vs Government: The Key Numbers

Sector	Paid Maternity Leave	Additional Unpaid Leave	Nursing Breaks After Return	Job Protection
Private Sector	45 days full pay + 15 days half pay (60 days total)	Up to 45 days unpaid for mother/child illness	Up to 6 months; 1-2 rest periods per day (up to 2 hours)	No termination for pregnancy/maternity leave. Same job or equivalent
Government Sector	90 days full pay (varies slightly by Emirate)	Some free leave extensions by specific Emirate regulations	Up to 6 months (some Emirate extend to 1 year)	Same job or equivalent; terminations due to maternity prohibited

Eligibility & Practical Conditions for Employers

• The legal entitlement applies regardless of the duration of the employee's service. The law eliminated the previous requirement of one year of service.

• The employee must hold a valid employment contract under UAE labor laws. Temporary or limited-term contracts still qualify.

• Employers often require a medical certificate indicating the expected delivery date or pregnancy status before approving leave.

• The leave can start up to 30 days before the expected delivery date (private or public depending on policy) in many cases.

What Employers Should Do: Best Practices & Compliance Steps

1. Integrate into HR Manual & Employment Contracts

• Make sure your HR policy and employee handbook clearly reflect the maternity leave entitlement.

• Employment contracts should reference the law (Federal Decree-Law No. 33 of 2021).

• Please outline the process, including notification, documentation (medical certificate), leave start dates, and the return-to-work plan.

2. Communication & Return to Work

• Schedule pre-leave discussions: when the employee will start leave, how handover will occur, and what the return process looks like.

• Please organize a “welcome back” plan, which includes meeting with the line manager, refreshing training, addressing any changed responsibilities, and accommodating nursing breaks.

• Consider flexible working arrangements (if applicable) to support employee retention.

3. Payroll & Benefits Safeguards

• Make sure salary calculations during the paid leave are correct: full salary for the first 45 days, half salary for the next 15 days (private sector), unless policy provides more.

• Maintain benefits such as health insurance and allowances during the leave if they are provided by company policy or contract. Default laws state maternity leave does not nullify other leave entitlements.

4. Workforce Planning Ahead

• Anticipate maternity leave cases and build coverage plans, e.g., temporary staff, shift reallocation, and cross-training.

• For healthcare and clinic settings (recruitment focus for Talent Shark), proper staffing before leave ensures service continuity and client satisfaction.

5. Protect Against Non-Compliance Risk

• Terminating an employee because of pregnancy or maternity leave is unlawful. Employers must not provide notice, end contracts, or reduce rights because of maternity.

• Keep clear records: dates of leave, pay status, nursing break arrangements, and return-to-work confirmations.

• Review the policy annually (or whenever significant labor law updates occur) to ensure your organization remains compliant and ahead of practice.

Strategic Takeaways for Employers in UAE (2025)

• Maternity leave is non-negotiable. It is a firm legal obligation that must be integrated into HR strategy, not treated as an occasional benefit.

• A well-run maternity leave process improves the employer's brand, helps keep female employees, and lowers the risk of staffing problems. For example, knowing when a nurse or paramedic will go on leave allows clinics to maintain a level of service.

• Retaining returning mothers: Proper support (nursing breaks, role clarity, and reintegration plans) significantly improves retention and employee satisfaction.

• For the private sector especially, planning is vital: since leave is only 60 days paid (with some unpaid extension possible), proactive planning ensures service delivery isn’t impacted.

• Monitor regulatory changes: Given the evolving UAE labor law environment, shifts such as expanded parental leave, changes in nursing break rights, or Emirate-specific provisions will matter.

• When recruiting for clients (in healthcare, wellness, and clinics), highlight your firm’s understanding of maternity/parental leave as part of the candidate experience. This serves as a competitive differentiator.

Conclusion

For UAE employers and HR teams, maternity leave isn’t simply an administrative formality; it influences talent attraction, workforce continuity, legal compliance, and gender-inclusive culture. By understanding the law (both private and government sector), planning effectively, and building a seamless handover and return-to-work process, you not only avoid risk but also position your organization as an employer of choice.

If your organization needs help structuring a maternity leave policy, training line managers, covering workforce gaps during leave, or recruiting professionals who understand these dynamics, Talent Shark is ready to support. Need help to calculate your gratuity or end-of-service benefits? Refer to our “Gratuity Calculator UAE.”