MOHRE Rules of Maternity and Paternity Leaves

Maternity and Paternity leaves in UAE

May 22, 2024

If you are a married working professional in United Arab Emirates then to know about maternity leaves, can be an interest of yours. If you are expecting a baby then you must need to grab the information about maternity as well as paternity leave. These should be very important topics for these married professionals. It can be an important question for you that how many days are provided in maternity or paternity leave and how much salary is paid. New UAE Labour Law 2022 has also revised the maternity leave facilities and made them better than past. It got replaced several provisions of the old Labour and Employment Laws. Family Lawyers in Dubai are those professionals who are supposed to spread knowledge and provide legal support. These family lawyers are the experts who can help the seekers better than other lawyers. Our family lawyers in Dubai are among the top family attorneys for legal counselling and other legal support.

Maternity Leaves

Previously, maternity leave was 45 days and now it has been extended to 60 days. But the first 45 days are kept fully paid while the other 15 days are kept half paid. It means the female employee is entitled to full salary for the first 45 days and entitled to half salary for the last 15 days. Women do have the option to take these leaves before giving birth but from the last date of the month, prior to giving birth. Article 30 of the Law describes the maternity leaves as follows;

  • There are 60 days of maternity leave for a woman.
  • The first 45 days are paid in full. Full means full salary, not the basic salary.
  • The next 15 days are paid half.

In case of emergency, a woman is allowed another unpaid 45 days leave if there is a serious health complication, with mother or baby. However this medical condition must be proved through a valid medical report or certificate. A woman is also entitled to this leave, in case if delivery takes place six months after the pregnancy or later, whether the child is born healthy or dies after birth.

If the woman gives birth to a special child, people of determination, or seriously sick child then she is entitled to take 30 days paid leave other than maternity leave but based on a valid medical report or certificate. It can also be extended to another 30 days as well.

Women cannot be deprived of having their leaves other than their maternity leaves and the leaves stated above. Employer can’t stop the woman from having her other leaves as per UAE Labour Law employment contract.

If the woman worker works for another employer or avails any other opportunity of working on the leaves provided by the company, then the employer can ask to recover the salary paid to her as well as any compensation or stop paying her wages during that working time for another employer.

Women can’t be terminated on maternity leave. The law does not recognize such terminations. Woman has the right to ask for unfair termination compensation along with other unpaid dues.

From the date the woman reports back to her office to the next 6 months, she has the right to take one or two breaks per day to nurse the kid. But it should not be more than 1 hour.

Paternity Leaves

Article 32 of the law describes the Paternity leaves. This leave can be availed by a father or mother or both of them. Article 32 of the law describes this way;

  • Paternal leaves are for 5 working days either for the father or mother, for taking care of the children. It is allowed to take these leaves successively or continuously within the period of six months, started from the date of childbirth. Article 32 and Clause 1 is for this description in law.

Lawyers in Dubai for legal support and service

These are the simple rules implemented by the UAE judiciary. If employer or employee is found breaching these rules then the counter party has the right to knock the court. When court is knocked then lawyers are also needed. Lawyers are called for getting legal advice, grabbing the rightful legal knowledge, and managing the court services. Do prefer to engage top Family Lawyers in Dubai. These Family Lawyers in Dubai will manage your matter in a very professional manner. So it is always suggested to book legal appointments with family lawyers if there is any dispute.