UAE Labour Law: Can Employers Reject Compassionate Leave Requests After a Family Bereavement?

An employee’s entitlement to compassionate leave following a family bereavement depends on the relationship with the deceased, the timing of the request and the provisions of the UAE Labour Law. Although employers may consider individual circumstances when dealing with leave applications, they are not legally required to grant every request for additional time off following a death in the family.

 

Under Article 32 of Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, as amended, employees in the UAE private sector are entitled to paid bereavement leave when certain specified family members die. The law prescribes the duration of this leave and the relatives whose deaths qualify for the entitlement. Where a request falls outside these provisions, an employer may refuse it unless a separate contractual arrangement or company policy provides a more favourable benefit.

 

The distinction is particularly relevant when an employee seeks leave following the death of a stepchild, whose relationship with the employee is not expressly covered by the statutory list of relatives eligible for bereavement leave.

 

Under Article 32, an employee is entitled to five days of paid bereavement leave in the event of the death of a spouse and three days in the event of the death of a mother, father, son, brother, sister, grandson, grandfather or grandmother. The leave must begin on the date of death.

 

Consequently, an employee whose stepson has died cannot automatically claim statutory bereavement leave on the same basis as an employee who has lost a son. A stepchild is not expressly included in the list of relatives specified in Article 32. Unless the employer’s policy, employment contract or another applicable provision offers a broader entitlement, the company may reject a request for paid bereavement leave in these circumstances.

 

The timing of the application is another important consideration. The statutory entitlement is intended to cover the immediate period following a bereavement, rather than provide an employee with an unrestricted right to take leave at a later date. Since Article 32 requires the leave to start on the date of death, an employee cannot ordinarily claim the statutory entitlement months after the event. The provision also does not allow an employee to claim five days of leave following the death of a son, as the prescribed period for the death of a son is three days.

 

Employees seeking bereavement leave must also provide appropriate documentation. Article 32 requires proof of the death issued by the relevant authorities. Employers may therefore ask for the necessary official documentation when assessing whether an employee qualifies for the statutory benefit.

 

In a case where an employee has already travelled to his home country on unpaid leave following the death of his stepson and subsequently requests an additional five days of compassionate leave, the employer may refuse the additional request under the statutory bereavement provisions. The employee has no automatic right to convert the unpaid absence into paid bereavement leave or extend it on the basis of a relationship that is not covered by the law.

 

However, the absence of a statutory entitlement does not prevent an employer from granting additional leave voluntarily. A company may consider the employee’s circumstances and approve further paid or unpaid leave under its internal policies, employment contract or discretionary arrangements. Such approval would be separate from the minimum entitlement provided by the Labour Law.

 

The position is different when it comes to unpaid leave. Under Article 33 of Federal Decree-Law No. 33 of 2021, an employee may take unpaid leave with the employer’s approval. The provision does not give employees an unrestricted right to absent themselves from work without pay; the employer’s consent is required, unless another applicable legal provision provides otherwise.

 

The law also establishes a specific consequence for an employee’s service record. Unpaid leave is excluded from the employee’s period of service with the employer and from the period of contributions to the retirement scheme, in accordance with the applicable legislation. Accordingly, an approved period of unpaid leave is not counted towards the employee’s length of service for the purposes covered by Article 33.

 

This distinction is important when calculating end-of-service benefits. Since the period of approved unpaid leave is excluded from the employee’s service term, it must be treated accordingly when determining the qualifying period of service for end-of-service benefits under the applicable rules. The precise calculation will depend on the employee’s circumstances and the legal provisions governing the particular benefit.

 

Employers and employees should therefore distinguish between statutory bereavement leave, additional compassionate leave granted at the employer’s discretion and approved unpaid leave. The first is governed by the eligibility conditions and durations prescribed by Article 32, while the second depends on the applicable employment arrangements and the employer’s decision. Unpaid leave, meanwhile, requires approval and carries consequences for the calculation of the employee’s service period.

 

For employees dealing with a family bereavement, understanding these distinctions can help avoid disputes over leave entitlement, attendance and end-of-service calculations. Employers should assess each request against the applicable law and their own policies, while ensuring that any additional benefits offered by the company are administered consistently.