What is Compassionate Leave in UAE: Compliance and Qualifications

Losing a loved one is one of life’s most challenging experiences. During such times, employees need the space to grieve and take care of personal matters. Recognising this, the UAE provides a legal provision known as compassionate leave. This type of leave ensures that employees in the private sector can take time off work with pay to cope with the death of close family members. Understanding its rules, eligibility, and payroll implications is important for both employees and employers.

This blog will provide a simple guide to compassionate leave in the UAE, compliance, legal frameworks, and terms for qualification. 

Understanding Compassionate Leave in the UAE

Compassionate leave in the UAE, also called bereavement leave, is specifically designed for employees who face the death of a close relative. Unlike annual leave, which is planned for personal time, or sick leave, which is based on medical reasons, compassionate leave is for unforeseen, emotionally significant events.

This leave reflects an employer’s recognition of the importance of supporting employees in difficult personal circumstances. It allows employees to focus on grieving and making necessary arrangements without the added stress of work commitments.

Legal Framework for Compassionate Leave

The primary legal basis for compassionate leave in the UAE is provided under Federal Decree-Law No. 33 of 2021, which governs labour relations across the private sector. Article 32 of this labour law outlines various types of leave, including bereavement. According to this law:

• Employees are entitled to 5 days of paid leave following the death of a spouse.

• Employees can take 3 days of paid leave for the death of a parent, child, sibling, grandchild, or grandparent.

The leave begins from the date of the family member’s death, not from the date the employer is notified. Employees are required to provide proof, usually in the form of a death certificate or an equivalent official document, to validate their request.

Free Zones and DIFC/ADGM Considerations

While federal law applies to the mainland UAE, free zones such as the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM) have their own employment regulations. These jurisdictions may not explicitly provide compassionate leave, but best practice is to embed such leave contractually to ensure employees are supported.

Employers operating in free zones should tailor payroll policies to align with local regulations while maintaining fairness and consistency for staff.

Who is Eligible for Compassionate Leave?

Eligibility for compassionate leave in the UAE is generally determined by:

1. Employment status: The employee must have a valid employment contract, whether full-time or part-time.

2. Relationship to the deceased: The leave typically covers close family members, including spouse, parents, children, siblings, grandparents, and grandchildren. In-laws are not automatically covered, though some employers may choose to extend leave at their discretion.

3. Documentation: Employees must provide proof of the bereavement, such as a death certificate, marriage certificate, or birth certificate to confirm the relationship.

Employers may impose procedural requirements, but these must align with federal or free zone regulations to ensure fairness.

How to Apply for Compassionate Leave

Applying for compassionate leave in the UAE is generally straightforward but requires following a clear process:

1. Notify your employer: Inform your HR department or manager as soon as possible about your need for leave.

2. Submit a formal request: Provide a written application specifying the reason, relationship to the deceased, and requested leave duration.

3. Provide documentation: Attach proof such as a death certificate. For deaths abroad, ensure documents are translated and attested if required.

4. Await approval: HR will review and approve the leave in accordance with company policy and legal requirements.

5. Maintain communication: If additional time off is needed, keep your employer informed and submit supporting documentation as necessary.

Following these steps ensures compliance with company policy and UAE labour law while minimising workplace disruptions.

Payroll and Payment During Compassionate Leave

One of the key aspects of compassionate leave in the UAE is that it is fully paid. Employees continue to receive their regular salary, including any fixed allowances, for the duration of the leave.

Employers are responsible for ensuring that payroll and WPS (Wage Protection System) files accurately reflect the leave. This guarantees that employees are not financially disadvantaged during a sensitive period. Benefits such as health insurance and end-of-service gratuity accrual should also continue unaffected.

Common Issues and Clarifications

Even with clear laws, some areas can be confusing:

• Day count: The law does not specify whether the leave is counted in working days or calendar days. Companies should clarify this in their policy to avoid misunderstandings.
  
  

• Leave for overseas bereavement: Employees dealing with the death of a relative abroad may need additional time to obtain documents or attend funerals. Policies should allow flexibility while ensuring proper documentation is submitted.
  
  

• Extended leave: If the standard leave is insufficient, employees may request additional time through annual leave, unpaid leave, or flexible arrangements.

Employers are encouraged to handle these situations with sensitivity, balancing operational needs with employee welfare.

Employer Obligations

Employers have specific responsibilities when managing compassionate leave in the UAE:

1. Timely response: Approve or reject requests promptly to minimise stress.

2. Fair evaluation: Assess leave requests based on provided documentation, without bias.

3. Payroll adjustments: Ensure timely and accurate salary payment during leave.

4. Confidentiality: Handle sensitive information, such as death certificates, with discretion.

5. Legal compliance: Adhere to federal or free zone laws regarding leave duration and entitlements.

Meeting these obligations demonstrates empathy and promotes trust within the workplace.

Creating a Supportive Work Environment

A well-implemented compassionate leave policy not only ensures compliance but also fosters a supportive workplace. Employers can enhance employee experience by:

• Acknowledging the loss and offering condolences.

• Providing clear guidance on leave application and documentation.

• Offering flexible work arrangements where possible.

• Ensuring access to counselling or mental health support.

• Training managers to handle bereavement sensitively.

Such practices help employees navigate personal loss while maintaining engagement and loyalty to the organisation.

Balancing Employee Welfare and Business Needs

Employers can maintain operational continuity while supporting grieving employees by:

• Cross-training staff: Ensures work can continue smoothly in the absence of key employees.

• Temporary staffing solutions: Allow redistribution of workload without overburdening team members.

• Clear policies and procedures: Minimise confusion and ensure consistency.

• Communication: Regular check-ins help manage expectations for extended leave requests.

• Technology: Task management tools and collaborative platforms can help maintain workflow continuity

Your Partner in Compliant Payroll Management 

In the UAE, compassionate leave is a legal entitlement that allows employees to take the time they need during difficult personal circumstances. Understanding eligibility, documentation requirements, and payroll procedures ensures employees can take leave confidently, while employers can manage it effectively. 

BSH provides outsourced and customised payroll services, simplifying processes related to compassionate leave, including calculations, compliance, record-keeping, and overall payroll management. 

We ensure that all processes adhere to the latest UAE labour laws and regulations, so organisations can streamline these tasks with confidence, maintaining accuracy and efficiency while focusing on supporting their employees.