Pregnancy and maternity leave are specifically protected under UAE employment law. For private-sector employers, the decision to terminate an employee who is pregnant, taking maternity leave or absent for a reason connected with maternity requires particular care. Federal Decree-Law No. 33 of 2021 concerning the Regulation of Employment Relationships provides that an employee’s service cannot be terminated, nor can notice of termination be given, because of pregnancy, maternity leave or absence in accordance with the maternity provisions of the law. This does not necessarily create absolute protection against every possible termination during pregnancy or maternity leave, but it does prohibit dismissal where the pregnancy or protected maternity absence is the reason for the employer’s decision.
What Does UAE Labour Law Say About Termination During Maternity Leave?
Article 30 of the UAE Labour Law establishes important protections for female employees during pregnancy and maternity. The legislation specifically provides that an employer may not terminate a female employee’s service, or give her notice of termination, because of pregnancy, maternity leave or absence from work in accordance with the maternity leave provisions.
The reason for termination is therefore crucial. An employer that dismisses an employee because she became pregnant, requested maternity leave or exercised a protected maternity entitlement may face a legal challenge.
Employers should ensure that any employment decision involving a pregnant employee or an employee on maternity leave is based on legitimate grounds unrelated to the protected circumstances and is otherwise compliant with UAE employment law.
How Much Maternity Leave Do UAE Private-Sector Employees Receive?
Eligible female employees in the UAE private sector are generally entitled to 60 days of maternity leave.
The statutory maternity leave is divided into two payment periods.
First 45 Days: Full Pay
The first 45 days of maternity leave are generally paid at the employee’s full wage. This period provides financial protection during the principal period surrounding childbirth.
Following 15 Days: Half Pay
The remaining 15 days of the statutory 60-day maternity leave period are generally paid at half wage.
Together, these periods provide 60 days of statutory maternity leave consisting of 45 days at full pay and 15 days at half pay.
Does Maternity Leave Depend on Length of Service?
Under the current UAE private-sector labour framework, maternity leave protection is not structured in the same way as certain employment benefits that depend upon completing a particular minimum period of service.
Employers should therefore avoid assuming that a recently recruited employee automatically loses maternity rights simply because she has not worked for the company for a full year.
HR policies and employment contracts should be reviewed against the current legislation rather than relying on outdated maternity leave provisions or historical company practices.
Can an Employee Take Additional Leave for a Pregnancy-Related Medical Condition?
The UAE Labour Law recognises that some employees may experience medical complications associated with pregnancy or childbirth. In qualifying circumstances, an employee may be entitled to additional unpaid absence beyond the standard maternity leave period where she is unable to return to work because of illness resulting from pregnancy or childbirth.
Such additional leave is subject to the conditions established by law, including appropriate medical evidence from the relevant medical authority.
Employers should distinguish between ordinary absence and absence that is specifically protected under the maternity provisions before making disciplinary or termination decisions.
Can an Employer Ever Terminate an Employee While She Is on Maternity Leave?
The maternity protections do not necessarily mean that pregnancy provides an employee with immunity from every form of lawful termination regardless of the circumstances. The critical issue is whether the termination is because of pregnancy, maternity leave or a protected related absence.
There may be circumstances in which an employer has legitimate grounds for termination that are entirely unrelated to maternity. However, employers should approach such situations cautiously because the timing of the decision can create a dispute over the employer’s true motivation.
Where termination is contemplated during pregnancy or maternity leave, the employer should ensure that the reasons are genuine, properly documented and legally permissible.
Why the Reason for Termination Matters
Consider two different situations. In the first, an employer terminates an employee shortly after learning that she is pregnant because management does not want to accommodate maternity leave. That decision would directly conflict with the maternity protections contained in UAE labour legislation.
In another situation, a company undergoes a genuine restructuring affecting an entire business unit, including an employee who happens to be pregnant. The legal assessment would require consideration of the actual reason for termination, the evidence supporting the restructuring and whether the employer complied with all applicable termination requirements.
This distinction illustrates why employers need clear records demonstrating how and why employment decisions were made.
What If an Employer Gives Notice Before Maternity Leave Starts?
Giving notice before the employee begins maternity leave does not necessarily avoid the statutory protection. The law prohibits giving notice because of pregnancy, maternity leave or protected maternity-related absence.
If the employer’s decision is motivated by the employee’s pregnancy or anticipated maternity leave, the timing of the notice will not necessarily make the underlying reason lawful.
Employers should therefore avoid viewing the commencement date of maternity leave as the only relevant factor. The reason behind the employment decision remains central.
What Can an Employee Do If She Believes She Was Dismissed Because of Pregnancy?
An employee who believes that her termination was connected to pregnancy or maternity leave should preserve relevant evidence. This may include the termination notice, employment contract, emails, messages, performance records and communications concerning the pregnancy or maternity leave request.
The employee may be able to raise the matter through the appropriate UAE employment dispute procedures and seek a determination of her rights under the applicable law.
The available remedies will depend on the facts of the case, the applicable employment jurisdiction and the nature of the employer’s conduct.
Protection When a Child Is Sick or Has a Disability
UAE maternity protections extend beyond the standard 60-day leave period in certain circumstances involving the health of the child.
Where a female employee gives birth to a sick child or a child with a disability whose health condition requires a constant companion, additional leave rights may apply subject to the statutory conditions and appropriate medical documentation.
Employers should ensure that HR teams understand these provisions so that employees facing difficult medical circumstances are not incorrectly treated as taking unauthorised absence.
Nursing Breaks After Returning to Work
UAE law also provides protection after an employee returns from maternity leave. For a prescribed period following childbirth, a female employee is entitled to breaks during the working day for nursing her child, subject to the conditions and limits established by the legislation.
These nursing breaks form part of the employee’s statutory rights and should be incorporated into workforce planning rather than treated as discretionary time granted by the employer.
Managers should be informed of the company’s obligations so that returning employees are not disadvantaged for exercising legally protected rights.
UAE Parental Leave Is Available to Both Parents
In addition to maternity leave, UAE private-sector employment law provides parental leave that can be available to either the father or mother of a newborn child.
Eligible employees are generally entitled to five working days of paid parental leave, which can be taken continuously or intermittently within the period prescribed by law following the child’s birth.
Employers should therefore distinguish maternity leave from parental leave when developing family-related employment policies. The rights serve different purposes and can apply separately.
What UAE Employers Should Do Before Considering Termination
Termination involving a pregnant employee or an employee taking maternity leave should receive careful HR and legal review. Acting without understanding the statutory protections can expose the company to disputes, financial liability and reputational consequences.
Document the Genuine Reason
Employers should maintain clear evidence supporting the reason for any proposed termination. Where the decision is based on restructuring, performance, misconduct or another legitimate ground, the relevant records should demonstrate that the decision is unrelated to pregnancy or maternity leave.
Review the Employee’s Maternity Status
HR should determine whether the employee is pregnant, currently taking maternity leave or absent under another protected maternity provision. This information can materially affect how the proposed action should be assessed.
Check the Employment Contract and Internal Policies
Employment contracts and company policies may provide benefits exceeding the statutory minimum. Employers should therefore review both UAE legislation and their contractual commitments before taking action.
Apply Policies Consistently
Inconsistent treatment can create significant problems. If employees in comparable circumstances are treated differently and pregnancy appears to be the distinguishing factor, the employer may find it more difficult to demonstrate that the decision was unrelated to maternity.
Common Maternity Compliance Mistakes
Employers can create unnecessary legal risk when managers are unfamiliar with maternity protections. Common problems include assuming maternity leave can be refused because an employee is relatively new, treating protected medical absence as misconduct, failing to provide the correct maternity pay or considering termination primarily because an employee will be absent from the business.
Another potential issue arises when an employer attempts to disguise a maternity-related dismissal as a different type of termination without adequate supporting evidence. Employment decisions should be based on genuine circumstances and properly documented.
Why Businesses Need Clear Maternity Policies
A well-structured maternity policy helps protect both employees and employers. Employees understand their entitlements and reporting responsibilities, while managers have a consistent process for dealing with leave requests, medical documentation, payroll and return-to-work arrangements.
Policies should address maternity leave duration, pay, additional medical leave where applicable, parental leave, nursing breaks and internal notification procedures. They should also clearly establish that employees must not be subjected to termination because they exercise protected maternity rights.
For businesses operating multiple UAE entities or jurisdictions, policies should be reviewed to ensure they reflect the employment framework applicable to each workforce.
What Employees Should Know Before Starting Maternity Leave
Employees should provide the employer with the required notification and documentation and maintain records of relevant communications. They should also understand the company’s internal maternity procedures and how salary will be calculated during the leave period.
If medical complications arise, appropriate medical documentation should be obtained promptly. Where an employee believes that her employer is attempting to terminate employment because of pregnancy or maternity leave, obtaining legal advice early can help clarify the available options.
Conclusion
UAE private-sector employers cannot terminate a female employee or give her notice because she is pregnant, taking maternity leave or absent under the protected maternity provisions of the Labour Law. Eligible employees are generally entitled to 60 days of maternity leave, consisting of 45 days at full pay and 15 days at half pay, together with additional protections that may apply in specific circumstances.
Pregnancy does not necessarily prevent every otherwise lawful employment termination, but the reason behind the decision is critical. Employers contemplating termination during pregnancy or maternity leave should ensure that legitimate grounds exist, that those grounds are properly documented and that all applicable UAE employment requirements are followed. Employees who believe they have been dismissed because of pregnancy or maternity leave may have grounds to challenge the decision through the appropriate legal process.
For businesses seeking guidance, Al Kabban & Associates, with over 30 years of experience in UAE law and recognition by Legal 500, stands ready to help corporations build resilience against legal risks while ensuring compliance with local and international standards. For more information or to schedule a consultation, contact us at +971 4 453 9090 or visit www.alkabban.com. You can also follow us on social media for more updates on everything law related in the UAE: @Alkabban_Law
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