Paternity Leave for Employees in the UAE: Eligibility and Application for Births Abroad

The UAE Labour Law, specifically Article 32 of Federal Decree-Law No. 33 of 2021, provides for various leaves for employees, including a parental leave of five days.

This parental leave can be availed by either parent following the birth of their child.However, questions often arise regarding the applicability of this leave when the child is born outside the UAE, such as in the employee's home country.

Is paternity leave available to a private sector employee in the UAE if the child is born outside the UAE? Can the employee take the five days of paid leave to travel to their home country for this purpose?

The leave in question is referred to as "parental leave" under Article 32 of the UAE Labour Law. This clause, which covers "various or miscellaneous leaves," does not specify the location of the child's birth as a condition for eligibility.

Clause 1.B. of Article 32 of UAE Labour Law – Federal Decree-Law No. 33 of 2021

A worker shall be entitled to paid leave in the following cases:
Parental leave for five working days for the worker (father or mother) who has had a child, to take care of his/her child.

Such leave shall be taken successively or otherwise during six months following the date of birth of the child.

Additionally, for mothers, this parental leave is granted on top of the maternity leave provided under Article 30 of the UAE Labour Law.

Travelling for Parental Leave

The law does not prevent an employee from travelling to their home country for the birth of their child. However, to avail of this leave, the employer may require proof of the child's birth.

Key Points to Remember

Eligibility: The parental leave is applicable even if the child is born outside the UAE, provided the parent is a UAE worker.

Leave Duration: The leave entitlement is for five working days, which can be taken continuously or intermittently within six months following the child's birth.

Documentation: Employers may require proof of birth to grant the leave.

This provision under UAE Labour Law ensures that both parents can take time off to care for their newborn, irrespective of where the child is born, thus supporting family bonding and responsibility.

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