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Time in UAE: Wed, 8 Apr 26 14:06
A definitive guide for expatriate and national fathers navigating UAE labour law, leave entitlements, and residency considerations
Regularly reviewed and updated to reflect the latest UAE labour law amendments | VisaTop Dubai
The days leading up to the birth of a child are filled with anticipation. For expatriate fathers living and working in Dubai, they are also filled with a particular kind of uncertainty. How much time off are you actually entitled to by law? Will your employer comply without pushback? What happens to your visa if you take extended time away? And when your child is born, what needs to happen, and in what order, to make sure your newborn is legally registered and on a valid residency visa before the clock runs out?
These are not abstract concerns. For the hundreds of thousands of expatriate workers in Dubai who make up the majority of the private sector workforce, getting the answers wrong has real consequences. An unregistered newborn, a missed visa deadline, or an employment dispute over leave entitlements can turn one of the most joyful moments in a family’s life into an administrative and legal nightmare.
This guide gives you accurate, up-to-date answers to all of those questions. It covers what UAE law actually says about paternity leave, who qualifies, how to apply, how public and private sector entitlements differ, and what expatriate fathers specifically need to know about the intersection of leave rights and visa obligations. It also walks through common real-world scenarios where fathers have run into difficulties and explains exactly how to handle them.
The information in this guide is based on Federal Decree-Law No. 33 of 2021, which governs private sector employment across the UAE, and on official guidance from the Ministry of Human Resources and Emiratisation (MoHRE), the General Directorate of Residency and Foreigners Affairs (GDRFA), and the Ministry of Foreign Affairs and International Cooperation (MOFAIC). Where regulations are subject to interpretation or vary by employer, that is made clear.
Paternity leave is a period of paid or unpaid absence from work that is granted to a father following the birth or legal adoption of a child. Its purpose is to allow the father time to be present at home during the earliest days of a child’s life, to support the mother through postpartum recovery, and to begin the process of family bonding that research consistently links to positive outcomes for children’s development and family stability.
In the UAE context, paternity leave has taken on increasing legal and cultural significance over the past several years. The introduction of Federal Decree-Law No. 33 of 2021 represented a meaningful shift in how the UAE approaches work-life balance and parental responsibilities. For the first time, paternity leave was codified as a statutory entitlement in private sector law, not a discretionary benefit that employers could offer or withhold at will.
For expatriate fathers, the importance of paternity leave extends beyond the immediate family benefit. The period immediately following a birth is also when several time-sensitive administrative and legal processes must be completed, including registering the birth, obtaining an attested birth certificate, and initiating the newborn’s UAE residency visa application. Having legally protected leave time during this window is not just emotionally important. It is practically essential for managing these obligations without jeopardizing employment.
The primary legal instrument governing paternity leave in the UAE private sector is Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, commonly referred to as the New Labour Law. This law came into effect on 2 February 2022 and applies to all private sector employees across the UAE, including employees in most free zones.
Article 32 of the law is the relevant provision for paternity leave. It establishes the statutory entitlement, the duration, the compensation basis, and the timeframe within which the leave must be taken. The law is administered by the Ministry of Human Resources and Emiratisation, which is the primary authority for labor disputes, compliance queries, and employer guidance.
The full text of Federal Decree-Law No. 33 of 2021 is available on the official MoHRE website at mohre.gov.ae. Employers are legally required to comply with its provisions, and any company policy that provides less than the statutory minimum is unenforceable regardless of what an employment contract states.
For employees of Dubai Government entities, the applicable framework is Dubai Law No. 8 of 2018 concerning Human Resources in the Government of Dubai, as amended. Dubai Government employees may have access to specific provisions under this law that differ in administrative process from private sector employees, though the headline entitlement of five working days is consistent. Individual government entities may have their own HR policies that expand on the baseline, and employees in these organizations should check with their HR departments for entity-specific provisions.
The majority of UAE free zones are subject to Federal Decree-Law No. 33 of 2021. However, the Dubai International Financial Centre (DIFC) operates under its own employment law framework, the DIFC Employment Law No. 2 of 2019 as amended, which is administered by the DIFC Authority. Employees in the DIFC should check the specific provisions of that law and their employment contracts. For all other free zones, the federal law applies and your free zone authority’s HR procedures govern the administrative process.
To be entitled to paternity leave under Federal Decree-Law No. 33 of 2021, a father must meet the following conditions.
| Eligibility Criterion | Requirement | Notes |
| Employment | Must be employed in the UAE private sector under a valid employment contract | Applies to both limited and unlimited contract types |
| Marital status | Must be legally married to the mother of the child | Marriage must be formally registered and documentable |
| Qualifying event | Birth of a biological child or legal adoption of a child | Adoption provisions include conditions on the child’s age |
| Service period | No minimum service period is required under federal law | Company policies may differ; check your contract |
| Timing | Leave must be taken within 6 months of the child’s birth | Cannot be deferred beyond this window |
There is no minimum service period requirement under the federal law for paternity leave, which means a father who has recently joined an employer is entitled to the same leave as a long-serving employee. Some company policies may state a service requirement, but this cannot override the statutory minimum.
For adoptive fathers, the law extends the entitlement to adoption, though specific conditions apply regarding the age of the adopted child. If you are in an adoption situation, confirm the specific conditions with MoHRE or a labor law advisor.
Expert Tip: Check your employment contract and your company’s HR policy alongside the federal law. While the federal law sets the minimum, your company may offer additional days or flexibility beyond the statutory entitlement. Understanding both gives you the full picture of what you are entitled to.
Under Federal Decree-Law No. 33 of 2021, fathers in the private sector are entitled to five working days of paternity leave. This is the statutory minimum. The five days must be taken within six months of the child’s birth and can, in practice, be taken at any point within that window rather than immediately upon birth, giving fathers some flexibility in timing.
Whether the five days must be taken continuously or can be split across separate periods is a matter where the law is less explicit. The default interpretation in most employment contexts is that the days can be taken consecutively or across the six-month window, subject to agreement with the employer. If you want to take the days intermittently, raise this with your HR department in advance and get the arrangement confirmed in writing.
All five days of statutory paternity leave are fully paid. The compensation during the leave period is calculated at the employee’s full basic salary and any allowances that form part of the regular remuneration. Taking statutory paternity leave does not result in any deduction from salary, any impact on end-of-service gratuity calculations, or any reduction in annual leave entitlement.
If a father wishes to take more than five days, the additional time is not covered by the statutory paternity leave entitlement. Options for extending time off include using accrued annual leave, negotiating unpaid leave with the employer, or in some cases working with HR to arrange a flexible working arrangement during the transition period. Any extension beyond the statutory five days is at the employer’s discretion unless an enhanced company policy provides for more.
Expert Tip: If you want to spend more than five days at home after the birth, plan this well in advance. Discuss combining your paternity leave with accrued annual leave days with your HR department. Having a detailed handover plan ready will make your manager more receptive to accommodating an extended absence.
Statutory paternity leave does not affect your end-of-service benefits. The period of paternity leave is treated as continuous service for the purpose of gratuity calculations. Any employer who suggests otherwise is incorrect, and you have the right to challenge this through MoHRE.
As soon as you know your partner’s expected due date, inform your HR department. This does not need to be a formal leave application at this stage. It is an early heads-up that allows your employer to plan for your absence and allows you to understand the company’s specific process and any documentation requirements they may have beyond the federal law minimums.
Early notification also protects you. If there is any confusion or dispute about entitlement later, a documented early notification shows that you acted in good faith and gave appropriate advance notice.
The standard documents required for a paternity leave application are your child’s birth certificate, your marriage certificate, and your company’s internal leave application form. For expatriate employees, the birth certificate will need to be attested before it can be used for any official UAE government purposes, including the newborn’s visa application.
Attestation is done through the Ministry of Foreign Affairs and International Cooperation (MOFAIC). The process involves having the birth certificate authenticated by the issuing authority in the country of birth, then attested by the UAE embassy in that country if applicable, and finally attested by MOFAIC in the UAE. For children born in Dubai to parents of most nationalities, the Dubai Health Authority issues the birth certificate and the attestation process begins from there.
Once your child is born, submit your formal paternity leave application in writing to HR. This should specify the dates you intend to take, confirm the qualifying event, and attach the birth certificate and marriage certificate. Email is sufficient for most employers, but confirm with your HR team whether a specific form or system is required.
Expert Tip: Always apply in writing and keep a copy of your application and your employer’s written confirmation. A verbal approval is not sufficient protection if a dispute arises later. A written record is your evidence that the leave was properly requested and granted.
While you have the right to take your five days within six months of the birth, your employer has a reasonable interest in knowing when those days will fall. Agree on specific dates and prepare a handover document covering your key responsibilities, ongoing projects, and any deadlines that fall during your absence. A clean handover reduces friction with your manager and colleagues and makes the experience easier for everyone.
Before your leave begins, ensure you have written confirmation from your employer that your paternity leave has been approved for the dates you requested. This confirmation should state the dates, confirm that the leave is paid, and be signed or formally acknowledged by HR or your manager.
| Aspect | Private Sector | Dubai Government (Public Sector) |
| Legal basis | Federal Decree-Law No. 33 of 2021 | Dubai Law No. 8 of 2018 (HR Law) |
| Duration | 5 working days | 5 working days |
| Compensation | Fully paid at regular salary | Fully paid |
| Timeframe to use leave | Within 6 months of birth | Within 6 months of birth |
| Additional benefits | At company discretion | Varies by government entity; may include additional provisions |
| Eligibility | Married father; birth or adoption of child | Married father; birth or adoption of child |
| Application process | Company HR procedures aligned with MoHRE | Government entity HR procedures |
| Enforcement body | Ministry of Human Resources and Emiratisation (MoHRE) | Dubai Government Human Resources Department |
Dubai Government employees should verify specific provisions with their entity’s HR department, as individual government bodies sometimes offer enhanced provisions beyond the baseline figures above.
Federal Decree-Law No. 33 of 2021 applies equally to UAE nationals and expatriates employed in the private sector. There is no distinction in the statutory entitlement based on nationality. Both a Singaporean finance manager and an Emirati operations director working at the same private company are entitled to the same five days of paid paternity leave under the same conditions.
In the public sector, specific regulations for UAE nationals may provide additional provisions in some government entities, reflecting broader family support policies. These differences are entity-specific and outside the scope of federal private sector law.
For expatriate fathers, the entitlement under the law is identical to that of their national colleagues. The differences for expats are not in the leave itself but in the additional administrative obligations that surround a birth in the UAE, specifically the processes required to register the newborn, obtain a birth certificate, and apply for the child’s UAE residency visa.
This is the area where expatriate fathers face pressures that their national colleagues do not. While paternity leave itself does not have any direct impact on an expatriate father’s employment visa or residency permit, the period immediately following a birth triggers several time-sensitive legal processes that must be completed correctly and promptly.
A child born in the UAE to expatriate parents does not automatically receive UAE citizenship or residency. The child must be registered, and the father (or mother, in certain circumstances) must apply for a UAE residency visa for the child within 120 days of the date of birth. Failing to do so results in the child being in the UAE without a valid residency status, which carries fines and complications.
The process begins with obtaining the birth certificate from the Dubai Health Authority or the relevant health authority in the emirate of birth. The birth certificate must then be attested by MOFAIC. The attested birth certificate, together with the father’s passport, visa, Emirates ID, and salary certificate, forms the basis of the newborn’s visa application submitted to GDRFA.
The father’s visa status is central to this process because he is typically the sponsor of the child’s residency. If the father’s employment visa is valid and his sponsorship capacity is in order, the process is straightforward. Problems arise when there are gaps in the father’s documentation, when his visa is close to expiry, or when the employment situation changes during this period.
Taking statutory paternity leave does not affect the validity of an expatriate father’s employment visa or residency permit. The visa remains valid, and his status as a UAE resident is unchanged. The visa is tied to his employment contract, not to his physical presence at the workplace, and a legally granted leave period does not constitute any change in employment status.
What can create complications is any change in the underlying employment situation, such as a termination, a resignation, or a significant contract restructuring, during the period following the birth. If employment ends while the newborn visa process is underway, the father’s ability to sponsor the child’s residency is disrupted. This is why protecting your employment status during this period is so important.
| Consideration | Relevance | What to Do |
| Newborn residency visa | Must be applied for within 120 days of birth | Begin the process as soon as the attested birth certificate is available |
| Father’s visa validity | Employment visa must remain valid throughout the process | Check your visa expiry date before the birth; renew early if it falls within 6 months of the due date |
| Birth certificate attestation | Mandatory before any UAE government use of the document | Attest through MOFAIC promptly after the DHA birth certificate is issued |
| Family sponsorship | Father’s employment status underpins child and spouse sponsorship | Do not resign or change employment while the newborn visa is being processed |
| Free zone employees | Administrative process may differ slightly | Confirm the process with your Free Zone Authority or company PRO |
| GDRFA queries | For specific or unusual residency questions | Contact GDRFA directly or use VisaTop Dubai’s advisory service for guidance |
Expert Tip: For expatriate fathers, start the newborn visa process the moment the birth certificate is issued. The 120-day window sounds generous but the attestation process, document gathering, and GDRFA processing can take longer than expected, especially during busy periods. Do not wait until the final weeks.
Under Federal Decree-Law No. 33 of 2021, employers are legally obligated to grant paternity leave to any eligible employee who requests it. They are required to pay the employee their full regular salary during the five-day period and to treat the leave as a legally protected absence that does not affect the employee’s employment status, performance record, or entitlement to end-of-service benefits.
An employer cannot require an employee to use annual leave in lieu of paternity leave. The entitlements are separate. An employer cannot delay, refuse without valid legal grounds, or impose conditions that are not in the law on a paternity leave request.
UAE law prohibits adverse action against an employee for exercising a statutory right. An employer who denies paternity leave, reduces pay during the leave period, gives the employee a negative performance review in connection with the leave, or takes any retaliatory action is in breach of the law. Employees who believe they have faced such treatment can file a complaint with MoHRE, which has the authority to investigate, mediate, and impose penalties on non-compliant employers.
Beyond legal compliance, employers who support paternity leave effectively benefit from higher employee morale, stronger loyalty, and lower turnover. Fathers who feel supported during a major life transition return to work more engaged and more committed than those who feel pressured to minimize their absence or fight for an entitlement they are legally owed. Organizations that build a culture of genuine support around parental leave are consistently better at retaining experienced staff.
Expert Tip: If your employer resists or denies your paternity leave request, your first step is to refer them to the official MoHRE website and the text of Federal Decree-Law No. 33 of 2021. If the resistance continues, file a complaint through the MoHRE online portal or call center. The law is unambiguous, and MoHRE takes non-compliance seriously.
The situation: A project manager at a construction company in Dubai notifies his employer two weeks before his partner’s due date that he will need five days of paternity leave. His manager tells him the project is at a critical stage and the leave cannot be accommodated right now.
The answer: The employer does not have the legal right to refuse statutory paternity leave on the grounds of operational inconvenience. The right exists independently of the employer’s workload or scheduling preferences. The father should respond in writing, referencing Article 32 of Federal Decree-Law No. 33 of 2021, and formally request written approval of his leave dates. If the employer continues to refuse or delays unreasonably, the father should submit a complaint through the MoHRE online complaint platform at mohre.gov.ae. MoHRE can contact the employer directly and require compliance. Filing a complaint does not require a lawyer and can be done in a matter of minutes.
The situation: A sales executive is concerned that his employer plans to pay him only his basic salary during his paternity leave, excluding his sales commissions and car allowance, which together make up more than half of his total monthly package.
The answer: The calculation of pay during paternity leave follows the same principles as other forms of paid statutory leave. Regular, contractually defined allowances that form part of the remuneration structure, including housing allowances and transport allowances, are generally included. Variable elements like performance-based commissions are more complex and depend on how they are structured in the employment contract. The employee should request a written breakdown from HR of how his pay will be calculated during the leave period, compare this against his contract, and if there is a discrepancy, seek clarification from MoHRE or a UAE labor law advisor before the leave begins.
The situation: An expatriate father’s five days of paternity leave end and he returns to work, but his newborn’s visa application is still being processed by GDRFA. He is concerned about his child’s status and whether there is any urgency to the remaining timeline.
The answer: As long as the application has been properly submitted to GDRFA within the 120-day window from the date of birth and a receipt or reference number has been issued, the child’s status is covered by the pending application. The father should maintain the GDRFA reference number and all submission receipts. If processing is taking longer than expected, he can check the status through the GDRFA website or app, or contact GDRFA’s service center. VisaTop Dubai can also assist in tracking the application and following up with the relevant authority. The key risk to avoid is failing to submit the application at all within the 120-day window, not delays in processing once submitted.
The situation: A father wants to take his five days of paternity leave across two separate weeks, taking three days in the first week and two days three weeks later, to coincide with his partner’s parents visiting. His employer insists the five days must be taken consecutively.
The answer: Federal Decree-Law No. 33 of 2021 does not explicitly specify whether the five days must be consecutive. The law states that the leave must be taken within six months of the birth. The absence of a specific consecutiveness requirement suggests that intermittent use may be permissible by negotiation. The father should put his request in writing, explain his specific reasons, and propose the specific dates. Many employers will accommodate a reasonable request when it is clearly communicated in advance. If the employer refuses, the father can raise the question with MoHRE for a formal interpretation. In the meantime, defaulting to consecutive days protects the entitlement while the interpretation is clarified.
Q1: Can I combine my paternity leave with annual leave?
Yes. You can combine your five statutory paternity leave days with accrued annual leave to extend your time at home, subject to your employer’s approval for the annual leave portion. Plan this well in advance and get written approval for the full combined period before your child is born.
Q2: Does paternity leave apply if my child is adopted?
Yes. Federal Decree-Law No. 33 of 2021 explicitly covers adoption within the parental leave provisions. Fathers who adopt are entitled to paternity leave, subject to the same conditions and any age requirements specified in relation to the child. Confirm the specific conditions with MoHRE if your situation involves adoption.
Q3: What if I work in a free zone? Are the rules different?
For most UAE free zones, Federal Decree-Law No. 33 of 2021 applies directly. The exception is the DIFC, which operates under its own employment law. If you work in the DIFC, check the DIFC Employment Law and your employment contract. For all other free zones, the federal law governs your entitlement and your free zone authority manages the administrative process.
Q4: Is paternity leave the same for UAE nationals and expatriates?
Yes, in the private sector. Federal Decree-Law No. 33 of 2021 applies equally to both. The practical differences for expatriates lie in the additional administrative obligations around the newborn’s visa, not in the leave entitlement itself.
Q5: What documents do I need to apply for paternity leave?
At a minimum: your child’s birth certificate, your marriage certificate, and your company’s leave application form. For expatriate employees, you will also need an attested version of the birth certificate for the newborn’s visa application. Check with your HR department for any additional documents they require.
Q6: Can my employer refuse my paternity leave request?
No, not on grounds of operational inconvenience or workload. If you meet the eligibility criteria under Federal Decree-Law No. 33 of 2021, your employer is legally required to grant the leave. An unjustified refusal can be escalated to MoHRE through their complaint process.
Q7: How much notice do I need to give?
The law does not specify a mandatory notice period for paternity leave. Best practice is to notify your HR department as early as possible in the pregnancy and to submit your formal application as soon as the birth has occurred and you have the birth certificate. Early notification protects you and gives your employer time to plan.
Q8: Does paternity leave affect my end-of-service gratuity?
No. Statutory paternity leave is treated as continuous service for gratuity calculation purposes. Your entitlement to end-of-service benefits is not affected by taking legally mandated paternity leave.
The UAE’s paternity leave framework under Federal Decree-Law No. 33 of 2021 is clear and enforceable. Five working days of fully paid leave, taken within six months of a child’s birth, is a statutory right for every father employed in the private sector, regardless of nationality, length of service, or the size of the employer. No operational consideration, workload pressure, or company policy can lawfully take that entitlement away.
For expatriate fathers in Dubai, the leave entitlement is the same as for their national colleagues, but the period surrounding a birth comes with additional obligations. The 120-day window for a newborn’s residency visa application, the birth certificate attestation process, and the importance of maintaining employment status throughout this period all require attention alongside the leave itself. Managing these processes correctly and on time protects your family’s legal status in the UAE.
The practical advice for any father approaching this period is the same: notify your employer early, get everything in writing, know your rights under the federal law, and start the newborn visa process the moment the birth certificate is in your hands. If anything is unclear or disputed, MoHRE and GDRFA are the relevant authorities, and VisaTop Dubai can provide specialized guidance on visa and residency matters specific to your situation.
Read our next guide on how to get paternity leave with a Dubai work visa.
Use your paternity leave for what it is designed for: being present for your partner and your newborn during the earliest and most important days of your family’s life together.
| Resource | Purpose | Where to Access |
| MoHRE Official Website | Federal labour law text, complaints, employer guidance | mohre.gov.ae |
| Federal Decree-Law No. 33 of 2021 | Full text of the New UAE Labour Law | Available via mohre.gov.ae/legal section |
| GDRFA Dubai | Newborn visa applications, residency queries | gdrfad.gov.ae |
| Dubai Health Authority (DHA) | Birth registration and birth certificate issuance | dha.gov.ae |
| MOFAIC | Birth certificate attestation for official UAE use | mofaic.gov.ae |
| VisaTop Dubai | Specialized visa and residency advisory for expatriates in Dubai | Contact VisaTop Dubai directly for a consultation |
Questions about your specific situation as an expatriate father in Dubai?
VisaTop Dubai provides expert guidance on UAE visa and residency matters for expatriate families. Reach out for a consultation tailored to your specific circumstances, so you can focus on your new family with confidence.
