Menopause in the UAE: legal protections and employer responsibilities

The UAE has shown clear dedication towards ensuring that women play substantial roles in the workplace, with the recent announcement that private joint stock companies will be required to have at least one female member on their boards starting from January 2025. Furthermore, according to recent studies, the labour force participation rate amongst women in the UAE is 55%, and the number is expected to increase. However, many women face struggles that may hinder them in their professional lives, whether it be fertility issues, premenstrual syndrome, or menopause.

Here we take a brief look at what effects menopause may have on women and examine what protection exists for female employees who might be experiencing the symptoms of menopause in the UAE under Federal Decree-Law No. 33/2021 On Regulation of Labour Relations (“UAE Labour Law”), Employment Law DIFC Law No. 2/2019 (“DIFC Employment Law”), and Abu Dhabi Global Market Employment Regulations 2019 (“ADGM Employment Regulations”). We also set out recommendations of how employers can further support menopausal employees and move beyond fulfilling the minimum requirements.

Menopause has well over 50 different symptoms, such as hot flashes, brain fog, insomnia, and migraines. As a result, menopausal women may find themselves struggling with increased absenteeism, difficulty concentrating, and lower confidence. Furthermore, while menopause usually begins later in life, women may begin experiencing menopause symptoms as young as 35, due to perimenopause. Perimenopause is the transition period where a woman begins to approach menopause, and it can last for years.

The topic of menopause is being more openly discussed in professional settings across the Gulf region, with the recent inaugural GCC Menopause Summit in Dubai attracting well over 350 attendees. Experts from across the region gathered to discuss menopause and its effects, and advocated for the development of workplace initiatives to address stigmas that surround menopause. However, there is still considerable progress to be made. Some employers unfortunately look down upon and heavily criticise menopausal employees who struggle with symptoms, and give no consideration to the employee’s circumstances. Furthermore, research shows that menopausal women have been pushed out of their jobs or were sidelined from being considered for leadership positions.

What protection exists for menopausal employees in the UAE and beyond?

UAE Labour Law

While the UAE Labour Law provides protection against discrimination on the basis of gender, there is scope for further development in the legislation. Identifying ‘age’ as an additional protected characteristic may further protect menopausal employees from discrimination and bias. Article 4 of the UAE Labour Law sets out the following:

“It shall be prohibited to discriminate on the basis of race, color, sex, religion, national origin, ethnic origin or disability, in such a way as to weaken equal opportunities or impair equal access to, or continuation of, or enjoyment of rights associated with, employment.”

The violation of Article 4 may result in employers facing fines of up to AED 1,000,000 in accordance with Article 63 of the UAE Labour Law.

Disability being a protected characteristic may provide protection to menopausal employees, as arguments in other jurisdictions have arisen that menopause symptoms amount to a disability if they have a long term and substantial impact on an individual. However, it remains to be seen whether this will hold in practice, as no discrimination cases on the basis of menopause have gone through the UAE courts as of yet.

DIFC Employment Law

Dubai International Financial Centre (DIFC) employees experiencing menopause may find significant protection against discrimination under the DIFC Employment Law. Article 59 of the DIFC Employment Law sets outs the following on the prohibition of discrimination:

“An Employer must not discriminate against an Employee regarding employment or any term or condition of employment on the grounds of the Employee’s: (a) sex; (b) marital status; (c) race; (d) nationality; (e) age; (f) pregnancy and maternity; (g) religion; or (h) mental or physical disability.”

In practice, the DIFC courts can award compensation capped at an employee’s annual salary if it is adjudicated that discrimination has taken place. However, it must be noted that the DIFC courts can choose to award an employee twice their annual salary as a non-compliance penalty against employers if the employer fails to follow court recommendations.

ADGM Employment Regulations

Article 54 of the Abu Dhabi Global Market (ADGM) Employment Regulations similarly provides a clear prohibition of discrimination on the basis of age, gender, and disability:

“An Employer must not discriminate against an Employee regarding employment or any term or condition of employment on the grounds of the Employee’s – (a) gender; (b) marital status; (c) race; (d) nationality; (e) colour; (f) religion; (g) age; and/ or (h) Disability.”

Subsequently, ADGM employees experiencing menopause may find significant protection against discrimination in the law.

How can employers further support employees?

The UAE is steadily growing to be one of the world’s largest hubs for international trade and business, with thousands of expats flocking to the country in search of new opportunities. In turn, businesses across the UAE are seeking to recruit top global talent and expand their operations. In order to attract and retain global talent, employers in the UAE must look to raise workplace culture and standards beyond fulfilling the minimum requirements under the law.

Increasing numbers of progressive employers are adopting menopause policies in efforts to better accommodate the needs of their menopausal employees. The policies cover a range of points, including:

• granting ‘menopause leave’, which consists of paid time off for employees to use when struggling with symptoms;
• providing employees with flexible remote working plans;
• dedicating specific office spaces for rest and quiet;
• adjustable lighting in office spaces to reduce risk of migraines;
• providing comfortable seating for employees to help alleviate symptoms like muscle pain; and
• holding company wide training sessions to raise awareness on menopause’s impact on women.

While having menopause policies is important, employers must also address the realities that employees face in the workplace. Many menopausal employees may feel embarrassed or scared to speak up and request reasonable adjustments to accommodate their needs, due to the negative stigmas that unfortunately surround menopause. They may also be scared to speak out against discriminatory behavior they have faced from managers or colleagues because of their struggles with symptoms. It is then vital for employers to not only create policies, but to actively work towards implementing an open work culture of acceptance and support. Some employers have done so by creating internal menopause committees, who support employees through the process of voicing concerns and ensure that the employee does not face repercussions for speaking out. Furthermore, employers must actively adopt a zero-tolerance approach towards discriminatory remarks or behaviour.

Conclusion

As the UAE strides toward greater gender equality in the workplace, it is essential to address the unique challenges faced by women experiencing menopause and perimenopause. While current laws provide some level of protection against discrimination, there remains a critical need for employers to go beyond mere compliance. By implementing supportive policies, such as flexible work arrangements and dedicated menopause leave, employers can foster a more inclusive environment that values the contributions of all employees regardless of their personal circumstances. Recognising and addressing the effects of menopause not only enhances workplace morale and productivity but may also assist employers with employee retention and talent acquisition. As discussions surrounding menopause continue to evolve in the Gulf, it is vital for employers to actively engage in creating work cultures of understanding and support, ultimately benefiting both employees and companies alike.