United Arab Emirates · employment

Can an Employer Terminate an Employee During Maternity Leave in the UAE?

Under UAE Labour Law, employers are strictly prohibited from dismissing an employee or serving termination notice because of pregnancy or maternity leave. Even when companies claim operational redundancy or restructuring, terminating a mother on leave faces severe statutory scrutiny and notice suspensions. If your employer attempts this, you have enforceable legal protections to contest unlawful dismissal and claim statutory compensation.

Statutory Protections Under UAE Labour Law (Article 30)

In the United Arab Emirates, employment rights are regulated by Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations. Article 30(8) explicitly provides that an employer is not permitted to terminate a female worker or serve her with a termination notice because of pregnancy, taking maternity leave, or being absent due to complications related to pregnancy or childbirth.

Maternity leave provides 60 calendar days of statutory entitlement (45 days at full pay, 15 days at half pay), plus up to 45 additional unpaid days for documented medical complications under Article 30(3). Any dismissal motivated by your absence, pregnancy, or maternity status constitutes arbitrary and unlawful dismissal under UAE law, entitling you to statutory end-of-service dues and potential court-ordered damages.

Notice Periods Cannot Run During Maternity Leave (Article 35)

A common tactic used by dishonest employers is serving a 30-day or 60-day notice while an employee is on maternity leave so that the employment ends the moment the leave expires. Article 35 of Federal Decree-Law No. 33 of 2021 directly invalidates this maneuver.

Under Article 35, if either party serves notice while the worker is on statutory leave, the notice period does not begin to run until the day after the worker is scheduled to return to work, unless mutually agreed in writing. If your company attempts to overlap your notice period with your maternity leave, they are acting in direct breach of the UAE Labour Law.

Sham Redundancies vs. Lawful Restructuring

Employers frequently argue that a maternity dismissal is a 'genuine business restructuring' or 'economic redundancy' rather than a maternity-related firing. However, the legal and evidentiary burden falls heavily on the employer to prove before the Ministry of Human Resources and Emiratisation (MOHRE) and the UAE Labour Courts that the dismissal is strictly operational and entirely disconnected from your pregnancy.

If the employer hires a replacement, renames the role, or only eliminates the position while you are out on leave, authorities routinely treat the action as unlawful. Under Article 47, when termination is found to be arbitrary or unlawful, the court can order the employer to pay compensation up to three months' gross salary, over and above your full notice pay, accrued leave salary, and end-of-service gratuity.

How to Challenge the Dismissal and Protect Your Rights

Do not accept verbal dismissals or sign final settlement declarations, discharge receipts, or visa cancellation forms under duress. Once you sign a MOHRE discharge voucher stating you have received all dues and have no further claims, recovering damages becomes exceptionally difficult.

You can use Caunsel to research your legal rights, store your correspondence and evidence securely inside a case file, or connect directly with an independent UAE-licensed employment lawyer to evaluate your claims and navigate MOHRE dispute proceedings.

Steps

• Preserve all written communications, including your approved maternity leave confirmation, medical certificates submitted, performance evaluations, and the formal termination letter or email.
• Do not sign any end-of-service waiver, discharge receipt, or visa cancellation clearance document that waives claims against the company.
• Issue a written response via email rejecting the termination, pointing out the statutory breach under Article 30(8) and Article 35 of Federal Decree-Law No. 33 of 2021.
• File a formal labour grievance through the Ministry of Human Resources and Emiratisation (MOHRE) website or call center (600 590000) within 30 days of the dispute arising.

Common mistakes

• Signing the company's settlement clearance or release form before receiving all compensation, which forfeits your right to claim unlawful termination damages.
• Assuming the employer can run your contractual notice period concurrently with your approved maternity leave.
• Communicating exclusively via phone or verbal meetings without insisting on written confirmations and maintaining off-system email copies.
• Waiting until your UAE residency visa is canceled before raising an official complaint with MOHRE.

Questions people ask

Can my employer fire me during probation if I get pregnant or take maternity leave?

No. Article 30 applies to all female workers from day one of employment without a minimum service requirement. While probation terminations under Article 9 require 14 days' written notice, Article 30(8) explicitly bars terminating an employee because of pregnancy or taking maternity leave, even during the probationary period.

What compensation am I entitled to if fired unlawfully while on maternity leave?

If MOHRE or the UAE Labour Court determines the dismissal was unlawful, you are entitled to: remaining maternity pay, contractual notice pay (which cannot run while on leave), compensation for accrued untaken annual leave, end-of-service gratuity, repatriation costs if applicable, and arbitrary dismissal compensation of up to three months' full wages under Article 47.

Does this law apply equally to free zone companies in Dubai and Abu Dhabi?

Federal Decree-Law No. 33 of 2021 applies to mainland companies and most commercial free zones (such as DMCC, JAFZA, and DAFZA). However, if you are employed within financial free zones like the DIFC or ADGM, their respective independent employment regulations apply, both of which contain strict anti-discrimination protections against pregnancy-related termination.

General information only, last updated 2026-10-14. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Arab Emirates.