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Can an employer refuse maternity leave in UAE? Legal rights explained
Under UAE law, working mothers are entitled to 45 days full pay and 15 days half pay; here is what to do if an employer fails to comply with these
- PUBLISHED: Sun 2 Aug 2026, 10:05 AM
Question: Could you explain the UAE’s official maternity leave policy and the rights available to working mothers? If an employer fails to comply with these provisions, what is the formal complaint process, and what penalties may the employer face?
Answer: Pursuant to your queries, it is assumed that your employer is located in the mainland of Dubai. Therefore, the provisions of the UAE employment law are applicable.
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A female employee is entitled to a total maternity leave period of 60 days, comprising 45 days with full pay and 15 days with half pay. This is in accordance with the provisions of Article 30 of the Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Employment Law’).
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“The female worker shall be entitled to a maternity leave of 60 days, according to the following:
The first 45 days with full wage; and
The following 15 days with half wage.”
An employer shall grant a female worker maternity leave upon her request at any time, starting from the last day of the month preceding immediately the month, in which she is expected to give birth, this is in accordance with the Article 30 (5) of the Employment Law, which states:
“The employer shall grant the female worker a maternity leave upon her request at any time, starting from the last day of the month preceding immediately the month, in which she is expected to give birth, and this shall be proven by a certificate issued by the medical entity.”
Based on the aforementioned provisions of the law, female employees are entitled to 60 days of maternity leave, consisting of 45 days of fully paid leave and 15 days of half-paid leave, along with additional unpaid leave in cases of pregnancy or childbirth-related medical conditions.
You may consider filing an employment complaint with the Ministry of Human Resources & Emiratisation (Mohre) if an employer fails to comply with these provisions. Based on your complaint with the Mohre, the Ministry may attempt to amicably settle the dispute.
In the event that there is no amicable settlement with your employer before Mohre, then you may file an employment case against your employer in the court which has jurisdiction in the emirate of Dubai.
The competent court will determine the merits of the claim, including whether the employer has unlawfully denied the employee her statutory maternity leave entitlements and any remedies or compensation to which the employee may be entitled.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm are on www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.