Maternity Leave in the UAE: A Comprehensive Legal Analysis of Statutory Rights Across Government and Private Employment

A structured comparison outlining how UAE law defines maternity leave entitlements across private employers and federal government entities.

Staff WriterDec 9, 2025, 12:33 PM

The legal framework governing maternity leave in the United Arab Emirates reflects a deliberate policy distinction between the private and public sectors, with the latter afforded markedly more generous entitlements. The following comparative table distils the principal differences between these two regimes, offering practitioners a concise reference point when advising clients, drafting employment policies, or assessing compliance exposure within their organisations.

Comparative Table: Maternity Leave Entitlements in the UAE

Statutory Basis

Sector	Governing Law	Notes
Private Sector	Federal Decree-Law No. 33 of 2021 (UAE Labour Law)	Applies to all private-sector employers across the UAE, including free zones unless exempted by specific regulations.
Public/Federal Government Sector	Federal Decree-Law No. 49 of 2022 (Human Resources Law)	Governs federal-government employees. Certain emirate-level entities may have their own internal regulations.

Duration of Maternity Leave

Category	Private Sector	Federal Government
Primary Maternity Leave	60 days (45 days fully paid + 15 days half-paid)	90 days fully paid
Commencement of Leave	Any time from the last day of the month preceding the expected month of delivery, with medical certificate	Usually flexible within policy guidelines

Extensions and Special Circumstances

Scenario	Private Sector	Public Sector
Postnatal complications for mother or child	Additional 45 days unpaid (with medical certificate)	Policies may differ. Usually paid sick leave may be invoked
Child born with illness or disability	Extra 30 days fully paid + possible 30 days unpaid	Public sector may provide extended paid or unpaid leave depending on regulations
Stillbirth or neonatal death	Full maternity leave still applies if pregnancy exceeded 6 months	Treated as full maternity leave

Post-Maternity Rights (Breastfeeding & Reduced Hours)

Right	Private Sector	Public Sector
Breastfeeding/Nursing Breaks	Up to 1 hour per day (one or two breaks) for 6 months post-delivery, fully paid	Typically, 2 hours per day for up to 1 year (varies by emirate and entity)
Reduction in working hours	Not automatically granted (beyond nursing break)	Commonly granted under government HR rules

Interaction with Other Leave Types

Question	Private Sector	Public Sector
Can maternity leave be followed by annual leave?	Yes, if mutually agreed	Yes, and more commonly utilised

Protection from Termination and Discrimination

Protection	Private Sector	Public Sector
Dismissal due to pregnancy or maternity leave	Explicitly prohibited under Labour Law
Adverse treatment for exercising maternity rights	Deemed unlawful and can trigger compensation	Often treated as a disciplinary breach by employer

Contractual Treatment

Issue	Private Sector	Public Sector
Waiver or reduction of maternity rights	Any clause purporting to reduce statutory entitlements is void
Employer-enhanced maternity policies	Permitted if more favourable	Common in government entities

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