If you are working for a private employer located in a jurisdiction outside of the financial free zones, you are entitled to five days of paid paternity leave by law and must take it within six months following birth, as prescribed by federal labor law Article 32 effective September 2026. If your employer is registered in one of the financial free zones, DIFC or ADGM, you are eligible for five days of leave but have different deadlines, length-of-service requirements, and conditions for compensation.
The primary source of confusion for early-career/workers/fathers will stem from the fact that the federal law does not use the term “paternity” but rather defines this type of leave as being granted to “a worker (father or mother)” and simply requires the worker to present proof of the birth. Thus, you will not submit a claim to the Ministry of Labour; you will make all arrangements directly with the employer. Therefore, it is beneficial if you first ascertain what title or equivalent word is used in your situation, as this defines how your Human Resource Policy will be categorized/recorded.
The UAE Labour Law Calls It “Parental Leave” — and It Gives Fathers Five Working Days
Simply searching your employee handbook for “paternity leave” may not indicate that this type of leave is missing from the handbook. It may just be referred to under a different term within the handbook. Article 32(1)(b) of Federal Decree-Law No. 33 of 2021 provides that parents (either father or mother) of newly delivered children are entitled to “parental leave” for five (5) workdays to care for their children. This leave can be taken “continuously or intermittently up to six (6) months after their child’s date of birth.” As of September 2026, this is the position for private-sector employers on the mainland that fall under the jurisdiction of the Ministry of Human Resources and Emiratisation (MOHRE). The Government of the UAE has published a guide to leave types that contains similar information to that found within the provisions of the new law – five days of parental leave to be used within six months after the child’s date of birth.
The language used in the new law is significant for three reasons.
First, it indicates that the parental leave entitlement is gender-neutral; thus, a mother employed in the private sector is entitled to receive five (5) days of parental leave, in addition to her maternity leave.
Second, the calculation of parental leave is based on working days, not calendar days. This means that your weekly rest days will not consume the parental leave entitlement; however, the six-month period for taking parental leave continues to run regardless of whether you have taken parental leave on a weekly rest day.
Third, the law attaches no service condition. The same law does exclude something during probation: Article 31(2) says a worker is “not entitled to a paid sick leave during the probationary period.” Article 32 contains no such exclusion for parental leave. Vivian Ch’ng, an associate at Alsuwaidi & Company, told Gulf News that private-sector employees are entitled to parental leave “regardless of their length of service.” So a father still in probation is not shut out of the five days on the mainland, as the text read in September 2026.
An associate at Alsuwaidi & Company, Vivian Ch’ng, informed Gulf News that workers employed in private companies have the right to take parental leave without regard to their duration of employment. Therefore, it would be incorrect to apply a different interpretation of the parental leave entitlement to the parent who is currently in their probationary period (five days) as indicated in the article dated September 2026.
The question frequently arises as to whether the terms “Parental Leave UAE” and “Paternity Leave as per the UAE Labour Law” refer to the same right. The answer is that both terms refer to the same entitlement found in Article 31. “Paternity Leave” is simply the way that most people search for it.
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Mainland, DIFC or ADGM: Check Which Rulebook Your Employer Is Registered Under
The location of your office does not determine which labor law you are governed by. The location of your employer’s registration and the labor law referenced in your employment contract will govern your employment.
The federal labour law applies to private businesses. It explicitly excludes anybody that is not federally or locally employed by a government entity or military branch, and excludes all of the police and security personnel from employment under the federal law. Most of the free zones will be subject to the application of the federal law as it pertains to employment in the JAFZA or DMCC. The financial free zones, however, will not. The Employment Affairs Office of the ADGM have confirmed that the Labour Law of the UAE does not apply to the ADGM. The law governing the DIFC is governed by the Employment Law No. 2 of 2019 and applies to anyone entering into employment contracts in the DIFC or any employees with business interests in the DIFC.
One group of companies that create confusion is a company holding two separate business licenses. According to the ADGM, if you enter into a contract with a company that is licensed through the Department of Economic Development in Abu Dhabi, then you will be governed under the federal law, even if that company also holds an ADGM license. To determine which regime governs your employment, check both the name of the licence issuer on your employer’s business licence, and the governing-law clause of the contract you signed with your employer. If they do not match, you should seek legal assistance.
Here is how the rules compared, as verified in September 2026:
| Regime | Window to take it | Qualifying service | Advance notice | Proof | Pay | Holiday during leave |
|---|---|---|---|---|---|---|
| Mainland private sector (MOHRE, Decree-Law 33/2021, Art. 32) | 6 months from birth | None stated | None stated | Proof of birth | “Paid leave”; wage base not specified | Not addressed |
| DIFC (Employment Law 2019, Art. 39) | 1 month from birth | 12 months’ continuous service | Written notice of pregnancy 8 weeks before expected week of birth | Not specified beyond the notice | Daily Wage | Public holiday extends the leave |
| ADGM (Employment Regulations 2024, s. 34) | 2 months from birth | None for the leave; 12 months for pay | None stated | Evidence “reasonably requested” by employer | Daily Wage, if 12 months’ service | National holiday extends the leave |
| Federal government (Decree-Law 49/2022, Art. 20) | Until child is 6 months old | None stated | None stated | Via Bayanati application | Paid | Not addressed |
The rules governing employees of Dubai’s government are separate from those governing employees of all other Emirate’s governments including Abu Dhabi. According to the UAE Government portal: Dubai Law No. 8 of 2018 provides men with three (3) full day paid paternity leave that must be taken within one month of the date of the child’s birth. As published records indicated discrepancies between the UAE Government portal and other media on the number of days that Abu Dhabi Government staff members have access to as at September 2026; therefore, Abu Dhabi Government staff need to check with their own human resources department via HR authority rather than rely upon summaries that may not accurately reflect what they are entitled to.
Your Deadline Is Six Months, Two Months or One — and One Regime Wants Notice Before the Birth
All regimes provide for a use-it-or-lose-it short period. The DIFC provides for an additional condition that must be satisfied before a child is born.
On the mainland, Article 32(1)(b) allows for six months as the only time period. This six-month period only allows for the five days to be split; any unused days will be lost once the six-month period ends. The ADGM has added section 34(1) which requires an employee to use five working days “within two (2) months from the date of childbirth or date of adoption.” Furthermore, the ADGM states that an employee cannot receive payment instead of the leave that he does not take.
The DIFC is considerably more restrictive in nature. Under Article 39 of the Consolidated DIFC Employment Law (Consolidated Version No. 5 as of July 2025), (as checked in September 2026) the leave can only be accessed as long as the employee (i) is an employee of the employer for more than twelve months before the expected or actual week of birth; and (ii) provides written notice to the employer at least eight (8) weeks before the expected week of birth. This means that for an employee working under the DIFC, a father’s important date is not the actual date of delivery, but rather eight weeks prior to the expected due date. Therefore, if a father doesn’t raise this issue until he is in the maternity ward, he may have already missed his opportunity.
Common mistakes that cost fathers the leave
The biggest blunder is to take for granted that the mainland’s six-month time frame applies in full everywhere else. For example, if a DIFC employee waits until two months after the baby’s birth to take their leave, the employee loses the right to take any parental leave. Likewise, if an ADGM employee waits until three months after their child’s birth to take their parental leave, this employee also loses their right to take parental leave.
Another mistake made is to assume that just because a person verbally mentions to their manager that they are having a baby, they have given notice. The DIFC policy states that notice must be in writing. Providing HR with an email stating when the expected due date is, creates a written record of when the notice was given. A chance conversation with a manager in a hallway does not.
Finally, an employee must pay attention to the calendar and understand that a person’s eligibility to take parental leave starts from the date of the child’s birth. An employee cannot reserve their parental leave for when family members come to visit.
What You Actually Get Paid, and the Wage Question Article 32 Leaves Open
There are written down pay rules for both the DIFC financial free zone and the ADGM financial free zone, however the pay rules are not written down for mainland businesses.
Under Article 39(4) of the DIFC law, a father on parental leave will receive “daily wages.” Under Section 34(2) of the ADGM law, daily wages are only payable if an employee “has been in continuous employment with the employer for at least twelve (12) months prior to the actual week of birth.” Therefore, new employees at ADGM may take five days of parental leave but they could be unpaid. Both positions were verified as of September 2026.
Federal law is not as clear. Article 32 defines parental leave as “paid leaves” with no further detail. The same law under Article 1 defines two different amounts for “basic wage” which includes no allowances, and “wage,” which includes basic wage plus allowances and in-kind benefits. Other leave provisions have one definition or the other for vacation pay: paid “full wages” during vacation and the amount of compensation for unused vacation days is calculated based on basic wages. Article 32 does not specify which definition applies to parental leave as of September 2026, and therefore, there has not yet been a Ministry of Human Resources and Emiratisation (MOHRE) ruling on which of these definitions will be applicable to parental leave.
Thus, as an employee in a mainland employer, it will be necessary to check your employment contract, your employer’s written leave policy, and determine what constitutes “paid” parental leave under federal law. In the event that any of your employer’s includes your allowances in the payment of your leave pay as indicated above and believes you’re entitled to receive them, you should consult either an attorney or a MOHRE representative regarding the definition of “paid” leave. An article such as this cannot provide legal advice on this matter.
How to Request the Leave When There’s No MOHRE Portal to Apply Through
When applying for parental leave in the mainland, instead of submitting directly to a government entity, you must submit your application to your Employer. Based on the current provisions of Federal law as detailed in Article 32(4), there was no MOHRE e-service available for individuals to apply for parental leave until September 2026. According to Federal Law, “proof of the same has to be provided from an appropriate authority” (Article 32(4)). The Federal Government also specifies that proof of your child’s birth must be submitted by the employee in order to obtain parental leave (Article 21(4), Cabinet Resolution No. 1 of 2022). The exception to this rule applies to Federal Government Employees; they apply for their parental leave through the Bayanati portal, as identified by the Federal Government.
For a mainland private-sector employee, the steps that follow from those provisions are:
- Find your employer’s leave procedure. Look for the policy under “parental”, “paternity” or “family” leave, and note who approves it and in what format.
- Get the proof of birth. A birth certificate or equivalent official document from the authority that registered the birth satisfies the “proof of birth” wording.
- Put the request in writing. Give the dates, say whether you’ll take the days together or split them, and attach the proof. This gives you a dated record of the request.
- Keep the approval and check the payslip. The approval shows the days were granted. The payslip shows how they were paid (see the section on pay).
The documentation needs for children born outside of the UAE creates additional questions regarding parental leave documentation and while there is no direct statement regarding the fact that children need to be born within the UAE, KHE Legal Consultancy indicated on a LegalAdviceME thread that generally, if you do not have proof of the child’s birth in the UAE, you should still be granted your parental leave regardless of the child’s actual birthplace. Another lawyer commented that their interpretation of the law requires that an employee must provide proof of the child’s place of birth when requesting parental leave; however, neither position provides a definitive or binding decision on the question of proof of the child’s birth; it is only required as part of the application process. If you are uncertain whether your Employer will recognise a foreign birth certificate or require its translation or an attestation, it is best to confirm this with your HR department before traveling.
What You Can Legally Add to the Five Days
Five working days of leave can be stretched out much longer at home, and this is permitted by law in the UAE. As quoted by Attorney Ashish Mehta in Khaleej Times, Article 21(5) of Cabinet Resolution No. 1 of 2022 states that: “bereavement leave, parental leave, annual leave and unpaid leave can be combined.” However, Article 33 of the same law states that unpaid leave can only be taken “after the employer approves.” The employer continues to control the timing of annual leave, i.e. when an employee takes annual leave.
The five days of leave specified in Article 32 can be taken either “continuously or intermittently”, so they may be divided. For instance, an employee could take two days of leave immediately upon their partner’s delivery and three days at the end of their partner’s maternity leave. According to the Gulf News report and the lawyer quoted, mothers can take additional parental leave in addition to maternity leave, as long as it is taken within six months of the date of delivery.
An employee’s contract may provide for a greater leave entitlement than the statutory minimum. Thenji Moyo from Gateley has advised Gulf News that some employers provide for “discretionary leave exceeding 14 days.” In the DIFC, as per Article 31, an employee can choose whichever is most favourable between the employment contract or the statutory entitlements but cannot choose both. A popular thread on the Reddit forum r/dubai shows how employees have described taking five days to two months of paternity leave depending on their company’s paternity leave policy. Each of these leave policies is unique to the employer and not an employee’s entitlement, highlighting how important it is to read an employee’s own employment contract carefully.
If Your Employer Says No: Which Forum Hears It in Your Regime
The determination of where to hear a refused request depends on the employee’s regime, as does the limit for presenting it.
On the mainland, you register the complaint with MOHRE. Its labour complaints service was free as of September 2026, ran through the website and app, and required the employee to be registered in the Ministry’s database. It aimed to finish within 14 working days, starting with an attempt at amicable settlement. The government’s labour dispute page states that MOHRE can issue a final decision where the claim is below AED 50,000 or the parties settle. Larger unsettled claims go to court. The same page says claims are not heard after one year and gives the MOHRE advisory line as 80084.
Employees in the DIFC must seek resolution from the DIFC Courts. The DIFC’s Small Claims Tribunal can hear any claims up to AED 500,000, with a filing fee of 2% of the total claim amount (with a minimum fee of USD 100) for employment-related claims. Under Article 10 of the DIFC Employment Law, all claims must be submitted during employment or within six months after the end of employment. Article 20(2) also states that once unpaid salary has been due for six months, it cannot be recovered. Finally, Article 40 of the DIFC Employment Law prohibits the termination of an employee due to a request for parental leave.
Employees working in the ADGM are governed under ADGM Court regulations. The Employment Affairs Office advises claimants to contact the ADGM Court at enquiry@adgmcourts.com if they have any questions about the limitation period. The Employment Affairs Office assists in advising employees; it does not make any decision on a dispute.
Consult a UAE licensed lawyer about the following questions before submitting your case to court: What is the governing regime for my contract? Have I complied with any required notice or indication of intent to claim, and if so, to whom? Is my claim for my right to leave, my right to receive pay for leave that was denied to me, or for the treatment I received because I requested leave? Which deadline applies to my particular circumstances?
The One Thing to Confirm
Confirm with your employer now which rule book they are associated with. Knowing this single fact provides you with a deadline, how you can be served, and where to go with any complaint you might have. Verify the licence issuer on the trade licence and the governing clause in your contract prior to the baby’s birth not afterwards. A father who confirms this in a timely manner will preserve his five paid days. A father who starts counting from the incorrect time will lose those five days, and no one will have denied him.
Frequently Asked Questions
I am eligible for paternity leave during my probation period here in the UAE, so long as I am employed on a mainland (federal) basis. Paternity leave eligibility under Article 32 (effective September 2026) has no time-in-service requirement, unlike paid sick leave (Article 31), which requires more than 3 months of employment to be able to use it during your probationary period.
If there is a holiday that occurs during your paternity leave and it is in the Dubai International Financial Centre (DIFC) or Abu Dhabi Global Market (ADGM), you are entitled to one additional day for that holiday. What is not mentioned in the mainland laws is whether a holiday will add an additional day to your paternity leave, since it is measured in working days and your employer will dictate how holidays are going to be handled under his/her policies.
If I am employed in JAFZA or DMCC, which laws govern my paternity leave entitlement? Free-zone companies generally come under federal law for their employees, meaning the same five working days within six months rule will apply to free-zone employees. However, be sure to review your governing law provision in your employment contract to confirm this.
If my wife has her child outside of the UAE, do I still qualify for paternity leave? The federal law does not require that the child be born in the UAE to qualify for paternity leave, but you will be required to provide proof of the child’s birth before receiving paternity leave. If your child was born outside the UAE, it is advisable to contact Human Resources in advance to clarify what foreign documents are accepted, and whether they will require translation or attestation of your child’s birth certificate.
If I adopt a child, what would this mean regarding paternity leave? Both the DIFC and ADGM extend paternity leave entitlements to adopting parents for an adopted child under five years of age, beginning on the date of adoption. Federal law only refers to a “newly born child,” therefore mainland adoptive parents should consult an attorney regarding their rights to paternity leave.
