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compassionate leave in uae

People often have to go through unforeseen personal challenges, such as the death or serious injury of loved ones, that demand undivided attention and time out from work. For employers and employees in the UAE, it is important to understand the rights of compassionate leave in UAE and the legal framework governing this privilege.

Under Article 32 of Federal Decree Law No. 33 of 2021 of the UAE Labour Law, employees are entitled to three to five days of compassionate leave in the event of the death of a spouse, parent, child, sibling, grandchild, or grandparent, so that they can heal from their personal loss, spend time with family, and handle personal responsibilities without the added pressure of work.

This guide will give you a quick and clear overview of the UAE compassionate leave law, what it entails, what its benefits are, and under what circumstances it can be availed.

What is Compassionate Leave in UAE?

Compassionate leave or bereavement leave is a time off from work granted to employees to grieve and handle related responsibilities, such as attending funerals, following a personal loss or death. This provides them a space to mourn and heal peacefully.

The typical situations where employees are entitled to compassionate leave are:

  • The death of a loved one, such as a spouse, children, parents, siblings, grandparents, grandchildren, etc.
  • The passing of a close friend or relative.

Are Compassionate Leave and Bereavement Leave the Same?

Although both compassionate leave and bereavement leave are granted to employees during difficult times, the specific circumstances may vary for both. For instance, compassionate leave covers scenarios beyond death, such as serious illness, family emergencies, or significant personal crises. However, bereavement leave is provided specifically during the loss of a loved one.

Despite the labour law guidelines, the policy details for compassionate leave often vary by company. Nevertheless, the rules for both types of leave are outlined in the UAE labour law and company regulations.

Importance of Compassionate Leave in UAE

The benefits of Compassionate leave in Dubai address the emotional and practical needs of employees. The key benefits include:-

Time to Grieve and Heal

Firstly, it’s important to understand what is compassionate leave. It’s a vital arrangement provided to employees, allowing them to take time off to grieve and heal from their personal hardships, such as the loss of a loved one, family crisis, etc.

During this break, employees can take good care of their emotional and mental well-being without stressing over their work obligations. Offering compassionate leave to employees demonstrates the company’s deep respect and understanding of their personal challenges, offering them the space to mourn and recover at their own pace, thus promoting a supportive and caring work environment.

Besides, employees can use this period to make necessary arrangements, such as funerals, medical appointments, etc., without having to worry about their professional commitments. Such consideration indicates that the employer prioritises mental health and emotional support within the workplace and values the holistic well-being of its employees.

Reduced Stress and Improved Return

Compassionate leave helps reduce stress levels among employees going through personal issues. Employer support relieves employees from the pressure of balancing work and personal life crises, ensuring a smoother transition back to productivity and their responsibilities.

Moreover, the stress reduction helps maintain a positive atmosphere at the workplace, promoting a culture of empathy and mutual support among the workforce. Hence, the UAE compassionate leave not only benefits employees but also contributes to the collective welfare and efficiency of the company they are working for.

Financial Security

Compassionate leave in UAE adds a layer of financial security to employees during times of adversity. The policy ensures that employees do not suffer financial losses while they are away from work. With this financial stability, employees can focus on their personal issues without worrying about their income, thereby lessening the economic burden accompanied by unexpected personal crises.

This provision shows that the company recognises the importance of employee well-being professionally as well as personally, enhancing employee loyalty and trust and contributing to a stable and supportive work environment.

Work-Life Balance

UAE compassionate leave promotes a healthier work-life balance by acknowledging and supporting employee needs outside the workplace and emphasising balancing professional responsibilities with personal life.

This sends a powerful message regarding the morals of the organisation and the significance of employee well-being beyond work boundaries, impacting employee satisfaction and creating a more motivated and dedicated workforce.

Common Scenarios Leading to Compassionate Leave in UAE Private Sector

These are some of the common scenarios for taking compassionate leave in UAE:-

1. Serious Illness or Injury

Compassionate leave can be requested by employees when a family member or close friend suffers a serious illness or injury. This leave enables them to provide support or care to the sick or injured person.

2. Death of a Loved One

Providing compassionate leave during the death of a loved one allows employees time to grieve, attend funerals, and manage related affairs. During such a difficult period, bereavement leave ensures the mental and emotional well-being of employees.

3. Family Emergencies Requiring Caregiving

Employees can use compassionate leave during unexpected emergencies, such as an acute family situation. This provides employees enough time to address urgent family needs and maintain family stability during crises.

4. Victim of a Crime

Employees who are victims of a crime can use compassionate leave for recovery, legal proceedings, and psychological support.

Federal Law

Federal Decree-Law No. 33/2021 and Cabinet Decision No. 1/2022 outline the rules for providing compassionate leave for private sectors in UAE to support employees and ease their financial and emotional strain during bereavement.

According to this law, private sector employees are entitled to compassionate leave based on familial relationships. For instance, three to five days of leave for a spouse, parent, child, sibling, grandparent, or grandchild. This underscores the government’s commitment to employee welfare and work-life balance.

Recent amendments to the labour law

The UAE has updated its labour laws to regulate leave policies and ensure that they reflect the evolving needs of the workforce. As per the recent amendments that came into effect in 2022, the changes made under the Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations include specific provisions for the duration of leave based on the employee’s relationship to the deceased, such as three to five days.

To align with broader federal reforms, free zones like DIFC and ADGM have introduced tailored guidelines that ensure consistency across different employment jurisdictions in the UAE.

DIFC and ADGM guidelines

The Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM) have their own employment laws, which include provisions for compassionate leave. Their regulations align with the UAE’s federal laws and offer better clarity and flexibility to companies operating within the free zone.

According to the DIFC Employment Law No. 2 of 2019, employees have a minimum entitlement of compassionate leave similar to federal standards. These regulations endorse employee rights and encourage companies to provide a supportive work environment to ensure compliance with local as well as international standards.

Who is Eligible to Apply for Compassionate Leave in UAE?

Eligibility for UAE compassionate leave is determined based on the status of the employee and the nature of the employment contract. The Federal Law and guidelines in DIFC and ADGM have set forth specific conditions that employees need to meet:-

Employment contract: A valid and active employment contract, whether on a full-time or part-time basis, is mandatory.

Relationship to the deceased: Proof of the relationship is required to grant leave for the loss of immediate family members, such as a spouse, parent, child, sibling, grandparent, or grandchild.

Notification and documentation: The Employer must be notified about the personal issue as soon as possible, and the employee must provide necessary documentation, such as a death certificate, to authorise the request.

Depending on the applicable laws and regulations, the employer may impose additional procedural requirements to ensure fair access to compassionate leave.

How to Apply for a Compassionate Leave in UAE?

We all know what is compassionate leave in UAE and what importance it holds. It allows employees to take time off during their hardships and face the circumstances.

Here is the process of applying for compassionate leave:

Step 1. Make leave request

First and foremost, the employee must promptly notify the employer about their situation and formally apply for the immediate leave approval. Compassionate leaves are typically counted from the day the event happened. The employer will go through the leave request and approve it immediately to support the employee in recovering faster during their challenging times.

Step 2. Submit the documents

Employees must provide accurate documents to support their leave request to ensure a smooth approval process. The general documents may include:-

  • A death certificate (in case of the death of a loved one)
  • Proof of the relationship with the employee, such as birth certificates, marriage certificates, or any other legal documents
  • The documentation requirements may vary based on the company policies and employment contract regulations.

Employer Responsibilities Regarding Compassionate Leave

The Federal Decree-Law No. 33/2021 outlines the employee rights during compassionate leaves. Employers are required to comply with the law and fulfil their obligations, which include

  • Timely approval of leave requests without imposing any penalties or salary deduction.
  • Protect the personal and important documents submitted by employees for leave approval purposes.
  • Offer support, empathy, and guidance to the employee during personal adversities.

Violating the compassionate leave policy may invite legal consequences, including fines, labour court judgements, license restrictions, and even reputational damage. Therefore, employers must adhere to the labour laws and promote a supportive and legitimate environment in the workplace.

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Disclaimer: The information in this post is for general guidance and is subject to change with the updates in government policies or regulations.

Frequently Aksed Questions (FAQs)

1. Is compassionate leave paid leave in the UAE?

Yes, compassionate leaves are usually paid leaves. However, some employers may offer unpaid extensions based on the company’s leave policy.

2. What documents do I need to submit for a compassionate leave request?

The documents typically required to apply for compassionate leave in Dubai are a death certificate confirming the death of the loved one and proof of relationship with the employee.

3. Are compassionate leaves deducted from the annual leave balance of the employee?

No, compassionate leaves are a separate category and are generally not deducted from annual leave unless mentioned in the company’s policy.

4. Can bereavement leave be granted for the death of someone outside the UAE?

According to the UAE labour law, employees are entitled to bereavement leave, regardless of where the death occurs.

5. Can I get more than 3 or 5 days as compassionate leave?

Depending on the company policy, you may request additional leave.

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