What You Should Know About Compassionate Leaves In The UAE?

Some moments in life have to face multiple personal challenges as they demand undivided attention, and work has to take a backseat. For employees in UAE, it becomes essential to understand the rights to compassionate leave and the importance of navigating it through difficult times. 

Whether it is the loss of a loved one or a personal family emergency, the UAE's labor laws help and know the importance of balancing personal and professional well-being. Navigating personal emergencies while maintaining professional responsibilities can be challenging. 

Compassionate leave in the UAE offers employees the support they need during difficult times, ensuring a balance between personal and professional well-being. This helps employees to have strong moral support to get through any situation.

This blog explores and discusses everything related to compassionate leave in the UAE and will help you and get you through learning about compassionate leaves in the UAE with more clarity.

What Is Compassionate Paid Leave In UAE? 

In the UAE, compassionate leave allows employees to take time off during distressing situations such as the death of a close relative or friend or any other family emergency. A new labor law grants five working days of paid bereavement leave for a spouse's death and three days for the death of a parent, child, sibling, grandchild, or grandparent. 

This ensures employees have enough time to manage the funeral and other necessary arrangements. The leave is not just granted but is considered under "paid" leave.

The UAE is committed to fostering collaborative relations and better work-life balance, as evidenced by its leave policy. The private sector has broadly welcomed regulations that improve employees' welfare and understanding of the situation.

What Are Types of Leaves in the UAE Labor Law?

The UAE Labour Law, Federal Decree-Law No 33, outlines leave types for employees. This law promotes fair collaboration between teams and the organization to maintain emotional well-being. 

Let's understand a few types of leaves;

• Annual Leave

  Employees are entitled to 30 days of paid annual leave, averaging 2.5 days per month for every year of service.

• Sabbatical Leave

  Offered to employees for personal development, skill enhancement, or other pursuits that benefit both the individual and the organization. Clarify with your employer whether this leave is paid or unpaid.

• Study Leave

  Employees pursuing higher education can take 10 days of paid leave annually to prepare for exams or complete coursework, subject to proof of enrollment or exam schedules.

• Hajj and Umrah Leave

  Considering UAE, religious beliefs will undertake a few days of leave. Similarly, Muslim employees can take unpaid leave for pilgrimage visits to Hajj and Umrah. This reflects the UAE's support for their religious obligations and unbiased decisions.

• Maternity Leave

  Female employees receive at least 45-60 days of fully paid leave and 15 days of paid leave for their well-being. Pre-childbirth and post-childbirth leaves are also considered. The leave is flexible and, for family emergencies, essential for female employees who must rest fully without stressing about work.

• Parental Leave

  Fathers and mothers can take 5 days of paid parental leave to bond with their newborns and provide support during the early caregiving stages.

These leave provisions ensure positive employee well-being and a healthy work-life balance. It is highly encouraged by HR teams of organizations in the UAE.

Recent Changes To The Legislation: Compassionate Leave In UAE and Labour Reforms

The UAE introduced new updates to the legal framework, which comes under Federal Decree-Law No. 33/20,2, regulating Labour Relations. It is accompanied by Cabinet Decision No. 1/2022. These changes aim to modernize the overall employment contract to enhance welfare and make employees feel legally welcomed with all the official paperwork.

1. Expanded Leave Options

The UAE’s new labor law, under Federal Decree-Law No. 33/2021 and Cabinet Decision No. 1/2022, broadens leave entitlements to provide greater support for employees managing personal circumstances.

One significant change is the expansion of paid compassionate leave, allowing employees time off to grieve the death of a family member without added stress. Additionally, the reforms introduced study leave and paid maternity leave to ensure employees can balance their personal growth and family responsibilities while maintaining their professional commitments. These enhancements demonstrate the UAE’s focus on employee welfare, enabling a healthier work-life balance.

2. Streamlined Labour Dispute Resolution

Effective January 1, 2024, the UAE has introduced an efficient system for resolving labor disputes. Under this framework, the Ministry of Human Resources and Emiratisation (MOHRE) will handle labor claims valued at AED 50,000 (USD 13,650) or less, ensuring quicker and more accessible resolutions for employees.

Additionally, employees dissatisfied with initial decisions can appeal to the Labour Court of Appeal within 15 working days. This streamlined process highlights the UAE’s commitment to fair labor practices, ensuring employees’ rights are upheld efficiently and transparently.

What Is The Legal Framework For Compassionate Leave In The UAE?

The UAE's Federal Decree-Law No. 33/2021 and Cabinet Decision No. 1/2022 have established guidelines for providing compassionate leave to support employees during bereavement. The laws aim to ease the financial and emotional strain of grieving a family member's death. With the support of their organization tackling personal commitments without financial drains and worrying about professional responsibilities becomes easier.

Expanded Leave Categories

Recent amendments have reflected UAE's evolving approach to the needed workforce by introducing additional leave options for studying and unpaid leave for the Hajj Pilgrimage. This is nothing, but it demonstrates a more profound understanding and acceptance of the diverse personal needs that employees need to fulfill without biased decisions.

DIFC and ADGM Jurisdictions

There are regulations for compassionate leave in the UAE that do not extend to free zones like DIFC and ADGM, which have their legal systems. Employees in these jurisdictions should refer to their specific employment contracts and local laws to better understand their entitlements.

Eligibility Criteria for Compassionate Leave

Of course, Eligibility for paid compassionate leave should be verified and provided that it is also stated under the Federal Law, which is dependent on the individual employee's tenure, unlike other leaves such as Hajj leave or other leaves that require one year of continuous service. It is granted only once after a year of serving the organization.

This ensures that compassionate leave reinforces commitment to work culture, respect for policies, and fulfillment of personal circumstances; compassionate leave maintains employees' emotional well-being while fostering strong labor relations.

Applying for Compassionate Leave in the UAE

We all know how important is compassionate leave, it allows employees to take time off during their difficult times and to gather up the courage to face the circumstances. Let’s break down the compassionate leave process and what things will be required as employer responsibilities;

1. Application Process

Employees who are experiencing bereavement should promptly notify the employer or any relevant authority about their situation. Compassionate leaves are considered from the day of passing of the loved ones and so employees are required to formally apply for the immediate leave approval.

Employees are expected to process and submit the application as soon as possible, without any delay so that the employer has some time to go through your application and approve the leaves immediately. 

Overall, employers are expected to immediately approve leave and support employees to recover faster during their challenging times.

2. Documentation

Employees should provide the required documents for the approval of the compassionate leave of the employer including; 

• A death certificate as the proof of loss. 
• Proof of relationship of employer if required by the company.

The exact documentation may vary based on the company’s policies and employment contract regulations. Submitting accurate and timely documents ensures a smooth approval process.

3. Employer Responsibilities

Employers must comply with the Federal Decree-Law No. 33/2021 that holds all employee rights during the compassionate leaves. Let’s understand a few key obligations that include; 

• Ensure the timely approval of leave requests without imposing any penalties or considering it under unpaid leave. No salary dedication should be practiced.
• Employers should protect the personal and important documents that are submitted by employees for leave approval purposes. 
• It is important to offer support, empathy, and grievance to the employee during that time of their life.

Employers found in violation of compassionate leave policies may face legal consequences. Compliance with labor laws fosters a supportive and lawful workplace environment. 

Handling Disputes and Violations Regarding Compassionate Leave In Organisations

1. Common Issues and Redressal

Conflicts arise regarding the compassionate leave process or other entitlements if the absent employee is allegedly denied or subjected to unfair wage education during their leave period. The Ministry of Human Resources and Emiratisation provides the platform for addressing and solving these issues. 

If violations occur, employees file complaints and seek legal action through Labour Advisory Services or the Labour Claims and Advisory Centre. Employees should file a complaint immediately, as instant resolution should be taken.

2. Grievance Procedures for Employees

MOHRE believes in and aims to resolve disputes within 14 days, which offers employees and employers opportunities to address and solve concerns quickly. If the issue is unresolved, it can be referred to the judicial system, which ensures legal recourse. The Ministry actively needs to monitor workplace practices that promote compliance and a football-supportive environment.

3. Legal Recourse and Penalties for Non-Compliance

With failing internal resolution mechanisms, the last available option would be taking legal action. The employees can challenge employers in breach of implementing regulations, and MOHRE enforces penalties for non-compliance. These show how employee rights must be respected, such as those claims like compassionate leave, for an equal work culture.

Understanding these procedures will allow employees and employers to realize a harmonious workplace while complying with the UAE's labor laws.

How To Create a Supportive Workplace?

Taking compassionate leave can sometimes be challenging, which applies to employees and employers. It is essential to foster a culture of empathy and flexibility; actionable ways are encouraged here. This culture clearly shows a supportive and understanding workplace.

Let's discuss how you can encourage a healthy and supportive work plan. We have a few pointers for you!

Conclusion: Understand And Implement CompassionateLeaves in UAE In a Better Way

Compassionate leave in the UAE easily reflects the nation's commitment to fostering a supportive and friendly work culture. Establishing transparent policies also ensures compliance with UAE Labour Law. 

It adopts empathetic practices and organizations and can create compliance with employees through policies. 

Suppose you are looking to align the compassionate leave policies in your company. In that case, Darwinbox is the ultimate HRMS platform that helps automate documentation, track compliance, and prioritize.

Transform your HR process with innovative, employee-friendly solutions, and schedule your demo today!