Rights of Pregnant Women Under UAE Labour Law in the Private Sector

1. Maternity Leave: 60 Days

Under Article 30 of the UAE Labour Law, a female employee is entitled to 60 days of maternity leave, calculated as follows:

• The first 45 days: full pay.
• The following 15 days: half pay.

The current law provides substantially broader maternity protection than the previous UAE labour regime and does not condition the basic maternity leave entitlement on completing one year of service with the employer.

2. When Can Maternity Leave Begin?

At the employee's request, the employer must grant maternity leave beginning from the last day of the month immediately preceding the month in which the employee is expected to give birth.

The expected delivery date must be supported by a certificate issued by the relevant medical entity. Accordingly, UAE Labour Law does not require maternity leave to begin only on the actual date of delivery.

3. Additional Unpaid Leave Following Maternity Leave

After completing her maternity leave, a female employee may be absent from work for up to 45 additional days without pay, continuously or intermittently, where the absence results from an illness affecting either the employee or her child as a consequence of pregnancy or childbirth and where the medical condition prevents her from returning to work. The condition must be established through a medical certificate issued by the relevant medical entity.

The law further provides that this period is not included in the employee's service period for the purpose of calculating end-of-service benefits or the relevant pension contribution period under applicable legislation.

4. Maternity Rights in the Event of Stillbirth or the Child's Death

UAE Labour Law also addresses circumstances in which a pregnancy does not result in a surviving child.

Where delivery takes place six months or more into the pregnancy, the employee remains entitled to statutory maternity leave whether the child is stillborn, born alive and subsequently passes away, or survives.

This is an important statutory protection acknowledging the medical and personal consequences of childbirth regardless of the outcome of the delivery.

5. Where the Child Is Sick or a Child of Determination

Additional protection is available where a female employee gives birth to a sick child or a child of determination whose medical condition requires the continuous presence of a companion.

Subject to a medical report issued by the relevant medical entity, the employee is entitled, immediately following maternity leave, to 30 additional days with full pay, followed by the right to extend the leave for a further 30 days without pay.

This protection can be particularly important for families whose newborn child requires continuing medical assistance or supervision.

6. Can an Employee Be Terminated Because She Is Pregnant?

No.

Article 30 expressly provides that an employer may not terminate a female employee's employment, or give her notice of termination, because of her pregnancy, maternity leave or absence from work in accordance with the maternity-related protections provided by law.

Pregnancy or the lawful exercise of maternity rights therefore cannot itself be used as the reason for terminating employment.

However, it is important to distinguish between termination because of pregnancy, which is prohibited, and termination based upon a separate and legally permissible reason unrelated to pregnancy. For this reason, the facts, evidence and actual reason for termination should be carefully examined in each case.

7. Nursing Breaks After Returning to Work

Maternity protection continues after the employee returns to work.

For a period not exceeding six months from the date of delivery, a female employee is entitled to one or two nursing breaks each working day. The combined duration of these breaks must not exceed one hour per day.

This statutory right provides an important transition for mothers returning to employment following childbirth.

8. Maternity Leave Does Not Eliminate Other Leave Rights

The Labour Law specifically protects a woman's entitlement to other types of statutory leave.

Taking maternity leave or being absent in accordance with the maternity provisions does not, in itself, prejudice the employee's entitlement to other leave provided under UAE Labour Law. Employers should therefore avoid treating maternity leave as a replacement for every other statutory leave entitlement.

9. Five Working Days of Parental Leave

UAE Labour Law also provides a separate parental leave entitlement of five working days for an employee – whether the mother or father – following the birth of a child.

The leave may be taken continuously or intermittently within six months of the child's birth, subject to the statutory requirements. This right is legally distinct from the maternity leave specifically granted to female employees.

10. Protection Against Discrimination and Equal Pay

Legal protection for working women extends beyond maternity rights. Article 4 of the UAE Labour Law prohibits discrimination that would impair equality of opportunity or equal treatment in employment. The law also provides that a woman must receive the same wage as a man where she performs the same work or work of equal value.

Pregnancy and maternity protections therefore form part of a wider statutory framework aimed at promoting equality and protecting employees' rights within the UAE labour market.

11. What Should an Employee Do If Her Employment Is Terminated During Pregnancy?

The fact that an employee is pregnant at the time of termination does not automatically determine whether the termination is lawful or unlawful.

A key legal question will often be:

What was the genuine reason for the termination?

An employee facing such circumstances should retain relevant documents and evidence, including:

• employment contract and offer letter;
• emails and communications with management or HR;
• the termination notice or dismissal letter;
• medical certificates confirming pregnancy;
• maternity leave applications and approvals;
• salary records; and
• any correspondence indicating the employer's reasons for the termination.

Such evidence can be critical in determining whether the decision was related to the pregnancy or maternity leave.

12. Employment Disputes Involving Pregnancy and Maternity Rights

Where a private-sector employment dispute arises, the employee or employer may use the procedures available through the UAE Ministry of Human Resources and Emiratisation (MOHRE).

Depending on the nature and value of the claim and the applicable procedures, attempts may be made to resolve the dispute through the Ministry, and a matter may proceed to the competent judicial authority where necessary.

Obtaining legal advice at an early stage can be particularly important where the matter concerns:

• termination during pregnancy;
• refusal of maternity leave;
• non-payment or incorrect calculation of maternity pay;
• denial of nursing breaks;
• discrimination; or
• outstanding employment entitlements.

If you have been terminated during pregnancy, denied maternity leave, deprived of your statutory entitlements, or require advice before taking action against your employer, our legal team can review your circumstances and documents and advise you on the legal options available.

Know your rights. Protect your position. Seek legal advice before taking action.

Written by:

Alya Salem Alnuaimi​ | Alya Salem Alnuaimi Law Firm and Legal Consultations