Fertility and IVF leave in the United Arab Emirates
Reviewed by Mellow Editorial Team, HR & payroll content team
Fertility and IVF treatment leave is not explicitly mandated by UAE federal labour law, which means employers have discretion over how they handle it — but that discretion comes with real responsibilities around sick leave, medical leave, and policy clarity.
What the law actually says
Federal Decree-Law No. 33 of 2021 (the UAE Labour Law) does not contain a specific provision for fertility treatment or IVF leave. There is no standalone statutory entitlement in the way that maternity leave (60 days) or paternity leave (5 days) are written into the law.
That does not mean employees have no recourse. Fertility treatment — including IVF cycles, egg retrieval, hormone injections, consultations and monitoring appointments — routinely involves medical procedures. An employee undergoing treatment can legitimately use sick leave under the standard entitlement: the first 15 days on full pay, the next 30 days on half pay, and a further 30 days unpaid, provided the absence is certified by an approved medical provider.
The critical point for employers: if a doctor issues a sick leave certificate for fertility-related treatment, you are legally required to honour it under the same terms as any other medical absence.
How sick leave applies in practice
An employee going through IVF will often need multiple short absences — for scans, injections, egg collection and transfer procedures, and recovery. These do not always align with how employers typically think about sick leave (a continuous block for illness or surgery).
In practice this means:
- Each certified absence counts against the employee's sick leave balance for that year.
- Absences do not need to be continuous to qualify; what matters is the medical certificate.
- If the employee's sick leave balance is exhausted, additional absences may need to be covered by annual leave (30 calendar days per year after one year of service) or agreed unpaid leave.
It is worth building a clear internal process so line managers know how to handle fragmented, appointment-driven absences without inadvertently creating inconsistency or a hostile environment.
Why having a written policy matters
Because the law is silent on fertility leave specifically, your internal policy fills the gap. Without one, managers make ad hoc decisions that can be inconsistent, and employees do not know what to expect. Both outcomes create risk.
A written policy should cover:
- Whether the company offers any additional paid leave beyond the statutory sick leave entitlement for fertility treatment.
- How employees should notify HR (and how much notice is realistic given that IVF scheduling is often unpredictable).
- Confidentiality obligations — fertility treatment is sensitive medical information and should be handled with the same discretion as any health condition.
- Whether the policy applies equally to employees of all genders. Male employees undergoing fertility-related procedures also have legitimate medical needs.
Some UAE employers, particularly multinationals with global benefits frameworks, are beginning to introduce dedicated fertility support policies. These typically offer additional paid days, cover for treatment-related appointments beyond standard sick leave, and sometimes financial assistance toward treatment costs. This is still relatively uncommon locally, but it is an area where forward-thinking employers are differentiating themselves.
Working around the unpredictability of treatment
IVF cycles are not predictable. A retrieval date can shift. A transfer can be rescheduled. An employee may need to attend a scan at short notice. This is genuinely difficult to plan around, and a rigid approach to leave management will create friction.
Practical adjustments that do not require a formal policy change include:
- Allowing flexible start times or remote working on appointment days where the role permits.
- Agreeing a temporary adjusted schedule during an active treatment cycle.
- Treating requests for last-minute leave with the same good faith you would apply to any acute medical situation.
None of these require a legal mandate. They require manager discretion and a clear steer from HR that fertility treatment is handled with sensitivity.
What to watch for legally
Terminating or penalising an employee because they are undergoing fertility treatment would be difficult to defend under UAE law. Article 47 of Federal Decree-Law No. 33/2021 prohibits arbitrary dismissal, and any termination linked to an employee exercising a lawful right — including taking certified sick leave — could give rise to a compensation claim.
Keep records of all certified absences, treat fertility-related sick leave consistently with other medical absences, and ensure your managers are not making informal comments or decisions that could later be characterised as discriminatory or retaliatory.
The absence of specific legislation does not mean absence of obligation. It means the obligation falls on you, as the employer, to handle these situations fairly and consistently under the frameworks that do exist.
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