Maternity Leave as per UAE Labour Law

Maternity Leave in UAE

UPDATE: Mothers in Sharjah(visa in Sharjah) will be granted 60 Days of paid leave as per the new rule approved by Sharjah Executive Council.
Federal Government employees get 3 month Maternity Leave: Khaleej Times
As per the latest release, Dubai Government employees are eligible for 3 months maternity leave. Please Read: Please read.

The number of days given as maternity leave varies between the private sector and public sector and the working conditions (HR Policies) set up the company. When compared to other countries maternity leave benefit in UAE is bit shorter.

maternity leave

As per the Federal Labour Law UAE Article (30), a working women is entitled to maternity leave with full pay for a period of forty five days(45 Days) including the time before and after delivery, provided that her continuous period of service with the employer is not be less than a year(1 year). But if a working woman has not completed the said period, the maternity leave shall be with half pay.

A working woman, on the expiry of the maternity leave, may discontinue to work without pay for a maximum period of one hundred(100) consecutive or intermittent days if such absence is due to illness which doesn’t enable her to resume work. Such evidence shall be evidenced by a medical certificate issued by a medical authority attested by the competent health authority or endorsed by such authorities to the effect that the illness resulted from pregnancy or delivery.

Leave provided for in the preceding two paragraphs shall not compute as part of other leaves.

As per the Article (31), in addition to any prescribed rest period, a working woman nursing her child shall, during the eighteen months following the date of delivery , be entitled to two additional breaks each day for this purpose , neither of which shall exceed half an hour (30 minutes each). Most of the companies do let you combine each 30 minutes into an hour an reduce the working hours by 1 hour per day for the first 18 months after rejoining work.

These two additional periods (1 hour daily) shall be considered as working hours and shall not cause any reduction of remuneration.

Whereas, the public sector initial maternity leave allowance is 60 days with full pay initially and with a further allowance of 100 days of un-remunerated leave thereafter.

It is essential for a mother to bond with her newborn for a longer time after birth. The child needs quality care, feeding and attention by the mother.

My Suggestions: 

Ministry of Labour should consider at least 90 paid leave as maternity leave to woman to be able to bond with their newborn as is a practice is many western and developed countries.

About Deepak 505 Articles
Deepak is a passionate blogger with interests in bitcoin, online marketing, and writing.
  • if an old employee is pregnant and she resigns already is she still entitled to maternity pay?

      • hi i just wanna ask about maternity leave, is it applicable to all the companies of uae or it depends on the company or contract?

  • I think they should extent the period for 60-100 days minimum with pay.since as per WHO norms its very important to give love and care for the baby.please consider the comments.

  • can we in dubai also have maternity leave for 60 min days like in sharjah this law is passed 3 days back please, what if a ladyis having twin pregnancy .

  • What if I’m just only hired a 2 months a ago from my company and still I didn’t undergo for a medical test for the continuation of my visa processing will it affect on me regarding on processing my visa will my company can terminate me or discontinue for the visa processing if they will know I’m pregnant. Pls need answer thanks

    • Yes you need to do the visa before your entry permit get expire. it will affect your visa processing. If they come to know that you are pregnant you may get terminated. However it will be depend on company policy.

  • If the baby dies during delivery. Will the mother get the full 45 days paid leave as stated?

  • If the baby dies during delivery, Is the Mother still qualifies to get the 45 days paid maternity leave?

  • Like most of the countries 90 days maternity leave is essential since it not only will help the mother to bond with her child also the child needs that care and at times sleepless nights can effect the mothers work at Office.
    kindly consider our comments if there is any women association that can please talk to the officials.Even if we get half pay its fine.

  • Please tell me, I am working with company more than a year but they are not providing paid maternity leave.
    Please advice.

  • Hi,
    I am planning to go on maternity leave to India for 4 months as of now. (45 days paid leave and remaining unpaid leaves). What if I want to extent my unpaid leave? Can I resign from being in India on medical ground? For that what documents do I need to submit in my organization? Doctor’s certificate is enough? Do I need to attest it?

  • hi there

    I have been working in an Indian organization for 2.8 years now. The organization will pay for 45 days of maternity leave afetr I have joined back work (after 45 days) and have worked for a month (otherwise they will not give the salary for maternity leave).

    As per my contract there has to be a notice period of 45 days after resigning.

    My question is what is the dubai labour law regarding the maternity leave salary ? Am I not suppose to get the salary regardless of I join back or do not join back after the end of maternity leave ?

    thanks

    • As per the Federal Labour Law UAE Article (30), a working women is entitled to maternity leave with full pay for a period of forty five days(45 Days) including the time before and after delivery, provided that her continuous period of service with the employer is not be less than a year(1 year). But if a working woman has not completed the said period, the maternity leave shall be with half pay.
      A working woman, on the expiry of the maternity leave, may discontinue to work without pay for a maximum period of one hundred(100) consecutive or intermittent days if such absence is due to illness which doesn’t enable her to resume work. Such evidence shall be evidenced by a medical certificate issued by a medical authority attested by the competent health authority or endorsed by such authorities to the effect that the illness resulted from pregnancy or delivery.
      Leave provided for in the preceding two paragraphs shall not compute as part of other leaves.
      As per the Article (31), in addition to any prescribed rest period, a working woman nursing her child shall, during the eighteen months following the date of delivery , be entitled to two additional breaks each day for this purpose , neither of which shall exceed half an hour (30 minutes each)
      Read more: http://emiratesdiary.com/job-tips/maternity-leave-per-uae-labour-law

  • I’ve been working for a years to my company before I got married and pregnant but my contract is at is as I was single and all other documents.Do I still entitled for 45 days maternity leave?

  • Hi,

    I want to ask if I am still entitled for maternity leave if I already availed my maternity leave last December 23, 2014. And I get back to work last April 10,2014. Accidentally I got pregnant again and my due date will be on last week of February 2014. I will finish my two years stay in the company on 2 December 2014

    • Hi,

      I want to ask if I am still entitled for maternity leave if I already availed my maternity leave last December 23, 2013. And I get back to work last April 10,2014. Accidentally I got pregnant again and my due date will be on last week of February 2014. I will finish my two years stay in the company on 2 December 2014

  • I have joined in a company just two months back and now am pregnant . my due date is March 2015. am planning to deliver in Dubai but now I don’t have maternity insurance. so if I need to go to india I should leave by dec (7months). my visa is Dubai. will I get leave for 6 months. I know its difficult. but want to know if there is any possibility.

    • First of all you should complete one year in a company to get maternity leave entitlement

  • Hi,
    I had been employed with a company for 14 months when I went on maternity leave. This entitles me to 45 days maternity leave with full pay, according to UAE Labour Law.

    According to my contract I had to give 4 weeks notice if I wanted to resign.

    I gave notice 18 days before my maternity ended and therefore did not give the 4 weeks note as my contract stipulated – am I still entitled to receive my 45 days with full pay?

  • Hi,

    if we might have to extend the Maternity Leave for additional 3 months due to baby’s health condition, What is the procedure.

    • you need to provide the sick leave certificate. It depends on the company whether to approve or take it as no pay.

  • Hi sir i am on my husband’s visa and i am planning to resign in my current job, i employed for 5 months already do you if i would be banned if i will resign. and one more thing probationary period starts after you sign an offer letter or after you sign a labor contract? i signed my offer letter may 27 and i signed my labor contract September 5 when is the start of my probationary Period sir?

  • Hey there! I am working in Sharjah, for the past five years and have a Labor card in Shj, but i reside in Dubai, Am i entitled to the 60 days leave ?

  • I am on husband visa and I have completed 1 year in August 2014 in company in Dubai. My delivery due date is in end of January 2015. And I have applied for maternity leave of 45 days and also requested for 30 min each 2 breaks along with my lunch break as per law, as I have 1 hour lunch break total it will be 2 hrs including nursing break.

    My company replied me that after I return back from maternity leave, I have to serve for minimum of 1 year if I resign before 1 year then they will deduct the maternity leave payment from my final gratuity. please advice. is there any rules that they can deduct from gratuity if i dont serve for min 1 year after maternity leave?

    Also they said I can take for 2 breaks for only max 30 min. not total 60min. and they said it should not be combined along with lunch break. Please advice what should I do?

    • Resh,
      No rule like that your company mentioned.
      Also till 1 year after you have delivered, you may take one hour a day and break into 2 breaks of 30 minutes.
      This is as per the law.

      • Dear Deepak,

        Thank you for your information.

        My company again said without giving guarantee that I will work for minimum of 1 year after comeback from maternity leave they are not able to give my maternity leave payment.
        Please advice what should I do now. I dont want to give any guarantee letter to them that I will work for 1 year after maternity leave.

  • I have read from another site that maternity leave without pay can be extended only for 10 days, how true is it? because you have mention above that following maternity leave ,I can still extend my vacation for 100 days if my condition is not conducive to return back at work supported by medical certificate excluding the other type of vacation.I supposed to report on duty by mid of November but I want to extend my vacation for 1 ‘/2 month more 45 days in all and resume on duty by 1st week of January.I have delivered in my home country so my vacation was starting since Aug.15 and my employer told me that my application for extension is prohibited.How true is it if I have my supportive medical certificate stating that I still incapable to go back at work yet.Thanks!

  • hi i just wanna ask about maternity leave, is it applicable to all the companies of uae or it depends on the company or contract?

  • some confusion about the below
    (if a working woman has not completed the said period)
    is it mean from the joining date or after the probation period or what exactly, please if you can help

  • how much will I get?my salary is AED 1600,as per above, company should give me 45 days with pay and 2 moths allowance,, is that right?what if my company will not give my maternity leave, do i have the right to file a complain?and i am working in my company for 2 years and 6 months now, i have not taken my annual leave yet and im planning to give birth in Philippines ,,I heard that Airlines will allow the pregnant passenger with maximum 7 months only ( I mean the baby ) with the doctors approval or medical certificate or something . So can i apply for annual leave and maternity leave together?

    • Reynalyn,
      Only initial 45 days are paid maternity leave.
      Every company should provide maternity leave for eligible women. Otherwise, you may approach MOL or respective authorities.
      Yes, few airlines reject you at boarding if you are past 7 months of pregnancy. This is done due to the risks involved to yourself.
      I am not sure whether with any certificate they will allow.
      You may combine annual leave with maternity leave but depends on company policies.

  • Dear Sir,

    One of my team mate is requesting for 45 days maternity leave in the starting of maternity period .That is 45 days of leave when she is in 3 months of pregnancy.Is that acceptable “The law says including the time before and after delivery ” does time before means 45 days in any of the 9 months of pregnancy ?

    Can you please help with this.

    Thanks

    • Shruthi,
      You are right. She may not be eligible for maternity leave when she is 3 month pregnant.
      However she is eligible for other forms of leave like annual leave, sick leave etc as per law.

  • Hey,
    I am working for a school. what is the procedure if my due date comes during Summer holidays? Can I take my maternity leave after the holidays ie,when the school starts?? How do the school calculate my Leave Pay and Maternity Pay???

    • Salim,
      maternity leave is to be taken before and after maternity combined 45 days.
      Read the article carefully again and understand how to calculate maternity pay. I have mentioned in clearly.
      Leave pay is as per company policies.

  • Hi,
    Just want to clarify, can a Woman on Maternity Leave (45days) pass a resignation letter during this time?
    Thanks!
    Billy

    • Billy,
      Sure she does have the right to resign during maternity leave.
      However, I don’t think she can claim maternity leave benefits.

  • Sir,
    I am 6 months pregnant and im planning to home in the philippines to have my delivery there but our company wont give me a maternity leave with pay.the reason is because i will not stay here in the UAE.
    What will I do sir?

    • Irysh,
      No rule like that. As long as you are employed with the company, they are supposed to pay full maternity benefits(total of 45 days full salary), before and after delivery.

  • Sir,
    My wife is 6 months pregnant and were planning to go home in the philippines to have her delivery there but her company will give maternity leave because she will not stay here in UAE as her company said.
    We are legally married.
    Please give advise.

    • Ryan,
      No rule like that. As long as your wife is employed with the company, they are supposed to pay full maternity benefits(total of 45 days full salary), before and after delivery.

    • Hi Sir,

      I just want to ask, i am currently 2 months pregnant, i will be 4 yrs in my company on Aug-2015, my company provided me annual leave plus ticket (2 way), actually i plan to take my annual leave on Feb. nxt yr bcoz that is the i usual month i take for vacation, i will be 5 months pregnant on that supposed month and 6 months on March, i plan to deliver my baby here in Abu Dhabi the EDD shows June 28, 2015, can i take 45 days leave with pay from my comp? Our comp is just a small company, my boss doesn’t know anything regarding maternity laws as this is the first that it happens to one of his employee..can i just print the rule above and show it to him? please advise…

  • hi Deepak,
    I agree that employee should get 45 days maternity leave, but if in case employee joined after 30 days … where company should pay for 15 days extra in cash? or not?
    Employee is claiming 15days maternity in cash, but Joined after 30days..pls suggest urgently

    • Ram,
      No, I don’t think maternity leave can be encashed.
      But this is entirely company policy.

  • Hi Deepak,

    I am 6months pregnant and 6months working in company as well. I am planning to give birth in the Philippines.
    It says in the article above that a working woman for one year is entitled for 45days maternity leave pay.
    “But if a working woman has not completed the said period, the maternity leave shall be with half pay.”

    Since i am working less than a year, does it mean i can still get a 45days half pay?

    • Mae,
      Not entirely sure about this.
      But since law mentions ‘completed one year’, you may not be eligible for paid maternity leave.

  • Hello Deepak, quick question.

    These 45days are including weekends or otherwise?

    Thank you.
    Diana

    • Diana,
      It is 45 calendar days and not working days.
      So weekends are included in 45 days.

  • Hi Sir,
    I am working in acompany for almost 2months now. I am pregnant and my OB said I need to go back to the Phil on January since its my 7th montj. Now, my emoloyer said they cannot give me maternity leave because I will be leaving the work from January-April .. They ask me topay for the visa cost. is that right? I dnt want to resign.

    • Nin,
      Maternity leave is for 45 days before and after the delivery as per your situation.
      It is up to the employer to understand the employee’s situation and make arrangements.
      You are also eligible for extended leave.
      Read the article again.

  • hai, I have worked for 5 years . My gratuity is calculated for 28 days I believe. but The management calculated my maternity leave which is 45 *2 (2 kids) and reduced 90 days from the total days worked and said I have not completed 5 years. I wan to know if maternity leave is excluded for gratuity calculation as per UAE Law???

  • hai,

    please let me know if maternity levve is deducted from the totals days worked for gratuity calculation

  • Hi Mr. deepak! thanks for your reply. But the things is my employer wants me to resign and they want me to pay the visa cost. Do I really have to pay since they are the one who’s forcing me to resign.. I already have my medical certifications from my OB stating that I need to leave by January since i will give birth via C-section.

    • Kaye,
      You must be in the later part of your pregnancy. Really depends on the person applying the leave.

  • Hi Deepak,

    Very good afternoon and Happy New Year.

    I wanted to know that as per the labour law a female employee to entitled for 45 days paid leave/maternity leave.But need some more info as below.

    1st Case :However if planning for a child is it necessary to complete 1 year in the company.
    2nd Case : If incase a female employee in expecting before 1 year completion or 4-5 months are left for the year to be completed will the employee be entitled for the same leave or it wont be a paid leave.

    And does the employer has the right to terminate the female employee as mentioned in the 2nd case above if YES how to go about.

    Appreciate your quick assistance.

  • Hi,

    I am working in a private sector company located in Sharjah Hamriyah Freezone. Could you please advise about the materity leave days and the nursing breaks I am entitled to avail?

    • Jaya,
      If your company follows UAE Labour Law, then you will have 45 days leave. When you join again you will have 1 hour break up to 1 year.
      I also think that Sharjah companies have more maternity leaves as announce recently. Don’t know whether this will apply to your company.

  • Hi Sir,

    I am working on contract basis for a company in Dubai. My client is in Abu Dhabi. I joined my contract company in September 2013 and I was less than 1 month pregnant then. I left to my home country for my maternity on Feb end 2014 which means I had completed almost 6 months with them. I delivered my baby in March and resumed work back in June. I wasnt given any maternity benefits and upon requesting I was told that since I did not complete one year with them I am not eligible for any benefits. I had completed by one year contract as on Sep 2014 and also extended my work for still 3 months more till Dec 2014, compensating for the 3 months which I had taken for maternity.

    Please advice on whether I can get the maternity benefits now which I wasnt paid at the right time.

    On enquiring the call center of MOL, I was told that I am entitled to full maternity benefits since I have now completed one year with the contractor.

    Feeling confused. So please advice on this issue of mine.

    Have a nice day..!

    • Ayeesha,
      sorry, I have limited knowledge about the matter. MOL is the best place. I recommend you go there personally.

  • Hi Deepak

    I have completed 15 month in a company and i am 6 month pregnant.i have 90 days maternity leave 45 days full pay + 45 day half pay.i just want to know if in case due to some health issue i couln’t come back to abu dbahi from india. how can i cancel my visa.i have to send resignation letter but my confusion is how i cancel my visa stamp in my passport.

    • Priya,
      Your representative can get the passport with an authorisation letter from your side and handover the passport to your employer for cancellation purpose.
      I think this will work.

  • Hi
    I’m going to start working in the UAE in August 2015, and I just realized I am pregnant which means my due date would be in October 2015.

    What if the company knows I’m pregnant, will they terminate me or could they cancel the contract as from now altogether?

    • Mim,
      During your medical tests, if it is proved that you are pregnant, yes, the company may refuse to hire you and cancel contract.

  • hi iam working in a private hospital…i had my first baby on feb 2014.accidently i am pregnant again and my due date will be on may 2015…can i entitiled to have my maternity leave with pay.or just unpaid leave only if not 2 years gap.

    • Siji,
      You may take two times maternity leave however it is depends on each company policies.

      • question how many months pregnant women allowed to travel outside the country according to uae law

        • Janice,
          there is no such law in Labour law. However, I believe this is particular airline policy.
          I think after 6 (or may be 7) months of pregnancy, airline does not allow the passenger to travel.

  • Hi! I got a job offer in dubai after passing my first medical which tested negative for pregnancy my visa was processed. My visa just arrived and i was asked to take a 2nd medical which is pregnacy test, the result was positive. Is it possible that my employer will still let me keep my job and pursue with my contract? My employer is an indian national based in dubai.

    • Resha,
      Depends on the company.
      usually from what I have seen in the past, companies do not employ pregnant women.

  • Just wanted to clearify. I have a 2 months baby and i m working in retail. How many hours am i suppose to according to the labour law?

    • Nita,
      You are entitled 1 hour less than the normal working time per day after you deliver.

  • My wife is pregnant but company refuse to give live out from company accommodation , there will be still deduction from salary if she move out from the place she is living in , we want to stay together but financal condition of life is bit on hard side until they approve live out approval from HR .
    Is there any law in Uae,which can help our situation?

    • Ajay,
      Your situation is unique.
      I am not sure what to say bro.
      Better to talk to the company.
      At such times, it is advisable to stay together to help your wife emotionally and with her tasks.

  • Hi my wife is 5months pregnant but she is pregnant b4 we got married,and 1week she will be 1year in the company..is it possible that she will get a maternity leave bcoz she will going to the phil.to give birth?

    • Joy,
      She could take unpaid leave, but maternity leave will kick in once she is 1 year in the company.

  • Hello Deepak,

    I am joining a new employer in a months time and I am expected to deliver in Nov this year. The new company’s policy states that in the first year, maternity leave will be completely unpaid. However, as per the law, it shall be half pay.

    What do you suggest, I should do in this situation?

    Thank you!

    • R,
      The company should follow UAE Labour Law.
      If the company insists on their rule, it is up to you to decide whether you would like to take unpaid leave!
      I suggest you think over the decision with your partner and come to a decision whether it will make a sound financial decision.

  • I want to ask about Maternity Leave.I’m just new here in my work. I would like to know if I am entitled to get maternity leave? I’m just 3 mos. at work and I’m planning to take leave next month. The expected date of delivery of my baby is July 8.Please help me.

    • Mitz,
      You could take leave but you may not be eligible for any maternity benefits as you are less than a year in the company.

  • Thank you Sir…
    They want me to pay 8,000 dhs. before I take leave for 3-4 months that’s what the P.R.O told me. Do I really need to pay that much? He said 8,000 dhs is a guarantee in order for me to take leave. But they will not going to return it back to me. In order for me to take leave and go back here in UAE after 4 month according to my boss and P.R.O.
    I need to take leave because I’m pregnant already before marriage.what is the best thing to do Sir?

      • Hi Sir,

        I, want to know if i am entitled for maternity because i am under probation i am still 2 months in the company. can my company file a case to me if they will know that i am pregnant and they said they will send me to jail , i will pay 8500 and all the expenses that they paid for me. pls help

        • Joy,
          As per UAE Labour Law, you will have no maternity benefits as you have not completed 1 year.
          WHy do you think that way, ‘they will send to jail’?? For what? Being pregnant is not a crime.
          You do not have to pay any expenses.
          Congratulations and take care.

        • Joy,
          You are not eligible for any maternity benefits as you have not completed 1 year.
          Why do you think they will send you to jail? Being pregnant is not a crime!
          Reimbursement of costs will depend on your contract.
          Congratulations and take care!

          • Mr. Deepak,
            How about maternity leave? am i entitled because im planning to go home in our country to give birth there?

            • Joy,
              Please post queries at a go. Tough to refer to previous correspondence among 100’s of queries I receive daily.

  • Hi,i have been working for my company for almost 3years, i am planning to have a baby so i want to know is there any new uae law where maternity leave is upto 6months paid, i believe there was news that such law would be coming, please confirm