Saudi Maternity & Paternity Leave Law 2026

Full guide to parental leave under the Saudi Labor Law: 10 weeks maternity (4+6 split, full pay from day one), 3 days paternity, breastfeeding breaks, job protection during and for 6 months after maternity leave, and an 8-point employer compliance checklist.

Parental leave in Saudi Arabia is set by the Saudi Labor Law and HRSD regulations. This guide covers maternity leave (10 weeks, full pay), paternity leave (3 days), breastfeeding breaks, job protection, and what employers must do to stay compliant. For working time and other leave, see working hours and overtime; for contract terms, see employment contract requirements. Payroll and EOR providers must ensure leave is recorded correctly and that GOSI and WPS remain in good standing during leave.

Maternity Leave

Female employees are entitled to 10 weeks of paid maternity leave. The leave is often taken as 4 weeks before the expected date of birth and 6 weeks after (or as otherwise permitted by the Labor Law and HRSD). Leave is at full pay from day one of employment — there is no minimum service requirement. The employer may not deduct from salary or require the employee to fund the leave. Maternity leave is separate from annual leave and sick leave; it cannot be waived in exchange for pay except where the law allows. Employers with 50 or more female employees (threshold may be updated by HRSD — confirm current rules) may have additional obligations such as providing nursing facilities; see HRSD guidance for the latest requirements.

Paternity Leave

Male employees are entitled to 3 days of paid paternity leave on the birth of a child. This is typically taken in one block and is at full pay. The leave is separate from annual leave. Employers should record paternity leave in payroll and ensure it is reflected in attendance and WPS records. No minimum service is required for eligibility under the standard rules.

Breastfeeding Breaks

Nursing mothers are entitled to two breaks of at least 30 minutes each per day for 18 months after the birth (or as specified in the Labor Law and HRSD circulars). These breaks are for breastfeeding or expressing milk and must be paid. The employer may not require the employee to make up the time or to take the breaks unpaid. For employers with a large number of female employees (e.g. 100+), HRSD may require the provision of a dedicated nursing room or facility; check current HRSD requirements.

Adoption

Saudi Labor Law maternity and paternity leave provisions are tied to birth. There is no statutory entitlement to equivalent leave for adoption. Employers may offer adoption leave as a policy benefit; any such leave should be set out in the employment contract or internal policy and applied consistently. For updates, monitor HRSD announcements.

Job Protection During and After Maternity Leave

A female employee on maternity leave, or within 6 months of returning from maternity leave, enjoys strong job protection. Terminating her during maternity leave or within 6 months of return is treated as arbitrary dismissal — even if the employer believes it has an Article 80 ground or a redundancy reason. Courts and the Fawd platform routinely award significant compensation in such cases. The only narrow exceptions (e.g. company closure or genuine redundancy with no suitable alternative role) require careful legal advice and documentation. Do not terminate for performance, restructuring, or cost-cutting during the protected period without explicit legal clearance. See disciplinary procedures for general termination rules.

Pay and GOSI During Leave

Maternity and paternity leave are paid at full salary. Salary must be paid through WPS as usual; the employee remains on the payroll and on the Qiwa contract. GOSI contributions (employer and employee portions for Saudi employees) continue during leave — the employment relationship is uninterrupted. For expatriates, GOSI pension does not apply but occupational hazard insurance continues. Accrued annual leave continues to accrue during maternity leave. Ensure payroll and HR systems treat parental leave as paid leave and do not mark the employee as unpaid or inactive in a way that could affect Qiwa or WPS compliance.

Employer Compliance Checklist (8 Items)

  1. Grant 10 weeks maternity leave at full pay (4+6 or as per law) and 3 days paternity leave at full pay.
  2. Grant two paid breastfeeding breaks of at least 30 minutes each per day for 18 months after birth.
  3. Do not terminate a female employee during maternity leave or within 6 months of return except after legal advice and with full documentation.
  4. Keep the employee on payroll and WPS during leave; pay salary on the normal schedule.
  5. Continue GOSI contributions (and other benefits) during leave.
  6. Record leave in Qiwa and internal HR systems; ensure contract and attendance records are accurate.
  7. If you have 50+ or 100+ female employees, check HRSD requirements for nursing facilities or other additional obligations.
  8. Apply the same entitlements consistently; avoid any policy or practice that discriminates against employees who take parental leave.

Frequently Asked Questions

Is there a minimum service period for maternity leave?
No. Full pay maternity leave is available from day one of employment. The employer cannot require a minimum tenure or reduce pay for new joiners.
Can I terminate an employee on or just after maternity leave?
Terminating during maternity leave or within 6 months of return is treated as arbitrary dismissal. Employers face high compensation exposure and potential HRSD penalties. Only in exceptional circumstances (e.g. company closure with no alternative) might termination be defensible — and only with proper legal advice and documentation.
Do breastfeeding breaks have to be paid?
Yes. The two daily breaks of at least 30 minutes each for 18 months after birth are paid. The employee does not need to make up the time or take the breaks as unpaid leave.
Does annual leave accrue during maternity leave?
Yes. The employment relationship continues during maternity leave, so annual leave accrual continues. The employee returns with the same leave balance (plus any accrued during the 10 weeks) subject to your leave year and policy.
What if we have more than 100 female employees?
HRSD may require employers with a large number of female employees to provide nursing facilities or other support. The exact threshold (50, 100, or other) and requirements are set by HRSD — check the latest circulars and labour office guidance for your sector and headcount.
Can the employee take the 4 weeks pre-birth and 6 weeks post-birth in a different split?
The standard is 4 weeks before and 6 weeks after. Some flexibility may be permitted under HRSD rules (e.g. more weeks after birth by agreement). Confirm with HRSD or legal counsel before agreeing to a different split to ensure compliance.

HR & payroll

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