Can UAE employers terminate staff on maternity leave? Legal experts explain

Can UAE employers terminate staff on maternity leave? Legal experts explain

A private sector employee scheduled to return from maternity leave in early September faces termination due to position redundancy, raising questions about the legality of dismissing staff during protected leave periods.

According to Article 30 of Federal Decree-Law No. 33 of 2021, employers cannot terminate a female worker's employment or serve notice because of pregnancy, maternity leave, or her absence under maternity provisions. The law, which took effect on February 2, 2022, replaced the previous Federal Law No. 8 of 1980 and extended maternity leave from 45 days to 60 calendar days.

Under current regulations, private sector female employees receive 60 calendar days of maternity leave, with the first 45 days at full pay and the remaining 15 days at half pay. This entitlement requires no minimum service period. The leave period counts calendar days, not working days, meaning weekends and public holidays within the period count toward the total. Employees may apply for maternity leave up to 30 days before the expected delivery date.

When notice periods begin

Article 35 of the Labour Law stipulates that if either party wishes to terminate an employment contract while the worker is on leave, the notice period does not begin until the day following the employee's scheduled return from leave, unless both parties agree otherwise. Standard notice periods under UAE law range from a minimum of 30 calendar days to a maximum of 90 days for confirmed employees in the private sector, as specified in employment contracts.

While UAE law recognizes redundancy due to business restructuring or cost-saving as legitimate grounds for termination under Article 117, serving notice during maternity leave creates substantial legal exposure. Although the intended reason for termination may be position redundancy rather than the employee's maternity status, the timing raises critical concerns.

Legal risks and financial consequences

If termination during maternity leave is found to be arbitrary or unfair, UAE Labour Courts may order compensation of up to three months' gross salary in addition to standard end-of-service entitlements. This represents a significant financial and reputational risk for employers.

To avoid allegations that the termination is connected to the employee's maternity leave, legal experts recommend that employers issue the notice of termination on the employee's first scheduled working day following her return from maternity leave. This approach ensures compliance with Article 30's protections and eliminates ambiguity about the validity of the notice period under Article 35.

Broader context of maternity protections

The UAE's commitment to workplace gender equality is reflected in its progressive maternity leave provisions. Women hold two-thirds of public sector jobs in the UAE, and the country ranks highest in the Middle East for gender equality according to the World Economic Forum's 2024 Global Gender Gap Report.

Federal government sector employees receive even more generous benefits, with 90 days of fully paid maternity leave compared to the private sector's 60 days. In January 2026, Federal National Council lawmakers proposed extending paid federal maternity leave to at least 98 days, signaling continued policy development in this area.

While there is no statutory redundancy payment requirement beyond standard end-of-service entitlements, employers must navigate terminations carefully when employees are on protected leave. The safest approach remains waiting until the employee returns to work before initiating any termination process, regardless of the underlying business reasons.