Extended paid maternity leave soon? UAE minister says proposal being studied
Women employed in the private sector in the UAE may, tagrged with recent discussions in the Federal National Council (FNC) and further deliberation of other related bodies, reap the benefits of increased paid maternity leave.
It is very clear that the remarks made on the session brought to the fore the gaps and undercurrents trying to ensure the alignment of private sector policies in regard with the strategic intent of the women empowerment and gender parity in the workplace programs of the country.
This was brought to the attention of the Council main by FNC member Dr Adnan Al Hammadi who literally put to his senior colleague in the chamber, Dr Abdul Rahman Al Awar, the question regarding the steps that have been taken with regard to the provision within the private sector of maternity allowance for women with a sanctioned paid leave. Dr Al Hammadi elaborated to the extent that it is not uncommon to find that the duration of maternity leave is both paid and unpaid for around two to three months implies that it is between one and one and a half months for some women and about double for others with similar duties in the same company.
During the FNC session, Dr. Al Hammadi said: “We have received some comments from Emirati mothers working in the private sector regarding the paid maternity leave they receive and it differs even though they work in the same establishment.”
Al Awar, in his written answer, provided the necessary explanations and the current legal structure. According to the Federal Law maternity leave is work related and a female worker is entitled to 60 days of paid maternity leave. This consists of 45 days of full pay and 15 days of half pay. Also, the employee can take an additional 45 days of unpaid leave if she cannot go back to work due to some documented health reasons, subject to a medical report from a recognized doctor.
The Minister also noted, “The minimum paid maternity leave in private sector establishments is 60 days, and under no circumstance may this period be reduced.” Further, he stated that it is within the mandate of the employers to offer other incentives, for example, to extend the paid maternity leave to 90 days, which will be regarded as an additional privilege and not availed of undue advantage.
The Minister reiterated that any additional advantages must be formulated and instituted precisely within the company’s policies. He added, “Offering this advantage without proper justification to one side and not to the other can qualify as discrimination on illegitimate grounds.” Under this policy, the individual shall not be discriminated against in relation to taking legally provided leaves in similar situations.
‘Difference in treatment based, among others, on race, ethnic, color, gender, religion, nationality or social Group, social disability is unlawful’’, for as long as such difference would prejudice equality of opportunity or equality in relation to employment, or job rights.’’ Such differences are also prohibited for similar tasks and job responsibilities.
Providing, without any rational basis, one female employee longer maternity leave than the legal period and barring all others in the same institution could be construed as denial of equal treatment, if proven beyond doubt, is a serious breach. The Minister’s statement maintained.
The Ministry of Human Resources and Emiratisation (MoHRE) makes available to the public mechanisms for filing complaints of this nature, including a mechanism for anonymity.
It will address the complaint directly and take appropriate action based on the findings within 14 working days, noting that no officially recognized complaints regarding inequalities in maternity leave within the private sector have been recorded so far.
Importantly, the Minister shared that there are attempts ongoing to review and possibly improve the maternity leave policies. “Meanwhile, the current agenda of the Labour Market Coordination Council revolves around analyzing the potential for increasing maternity leave to working women in the country."
The intent behind this study is to achieve multiple objectives empowering working mothers, ensuring greater employment retention, and enhancing loyalty to jobs while maintaining the competitiveness of the UAE labour market and the productivity of the business environment.
Al Awar also gave attention to the other side of the coin Al Awar stated the other outcomes of policies supporting Emirati women in employment. During 2024, the UAE labour market recorded an outstanding expansion of 21% in female employment, which is 46% of the total women employed is skilled professional women, surpassing the average combined male and female labour growth of 12% in the same year.
Additionally, there was a noted increase of 34% in the proportion of women occupying leadership roles within the categories of legislators, managers, and business executives classifiers in 2024.
After the answer of the minister, Dr Al Hammadi elaborated on what he considers to be a lack of a different dimension the analysis was lacking in to the response.
“He explained, 'The discrepancy surfaces due to a difference in the leave and pay gap: 90 days in the government sector are fully paid, as opposed to 45 days in the private sector, which includes 15 days at halfpay and 30 days of unpaid leave.' This illustrates the gap between policies aimed at empowering women and the laws that govern their employment in the private sector.”
‘Some employers in the private sector, Dr Al Hammadi noted, “do not pay attention to the social aspect.” He challenged the Ministry to look at other countries’ legislations on maternity leave for more innovative solutions. “We wish to adopt an initiative that would assist Emirati mothers employed in the private sector,” he shared with us.
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