Article 32 of Federal Decree Law No. 33 of 2021, under the UAE labour law, states that employees are entitled to five days of paid bereavement leave in the event of a spouse’s death, and three days for the death of a family member.. These leaves provide strong moral support to employees during difficult times, while ensuring a balance between personal and professional well-being.
This blog discusses everything related to compassionate leave UAE, under what circumstances it works, who can take this leave and for how many days, and more.
What is compassionate leave in the UAE?
Compassionate leave is granted to employees in the event of the death of a loved one, allowing them to grieve and manage personal issues. During this period, employees can handle related responsibilities such as attending the funeral and begin the healing process. Incorporating such practices into company policy not only encourages a supportive and empathetic workplace culture but also improves overall productivity and morale of employees by reducing stress.
The compassionate leave UAE, or the bereavement leave, is typically granted under the following circumstances:-
- Serious Illness or Injury.
- Death of a Loved One.
- Family Emergencies Requiring Caregiving.
- Victim of a Crime.
The duration of compassionate leaves is calculated based on the severity of the situation and the company’s policy. While some may offer paid leave, others may consider it as unpaid.
Is Compassionate leave and the Breavement leave the same?
There might be slight differences between these two, although both are often used synonymously. Bereavement Leave is typically granted after the death of a family member or close friend, while Compassionate Leave is a broader term encompassing time off for other serious personal emergencies, such as a critically ill relative.
However, oftentimes, both terms are described as leaves taken due to the death of a loved one.
Compassionate leave UAE: Recent Changes To The Law
The UAE has introduced new updates to the bereavement leave UAE labour law in order to streamline the overall employment contract and enhance the welfare of the employees so that they feel legally welcomed with all the official paperwork.
The changes made under Federal Decree-Law No. 33/20,2, regulating Labour Relations are explained below:-
Expanded Leave Options
The significant changes made under Federal Decree-Law No. 33/2021 and Cabinet Decision No. 1/2022 extend leave privileges for employees to provide greater support in managing personal situations. The key aim for such enhancements is to focus on employee welfare and encourage a healthier work-life balance.
The extended paid compassionate leave allows employees to grieve the death of a family member without the added pressure of work. It also introduced study leave and paid maternity leave for employees to balance their personal well-being and family responsibilities while fulfilling their professional commitments.
Streamlined Labour Dispute Resolution
With effect from January 1, 2024, the UAE has introduced a new framework to resolve labor disputes, where the Ministry of Human Resources and Emiratisation (MOHRE) will handle labor claims valued at AED 50,000 (USD 13,650) or less. This reform is to ensure quicker and more accessible resolutions for employees.
Additionally, the new legislation allows employees to appeal to the Labour Court of Appeal within 15 working days if they are dissatisfied with the initial decisions. It highlights the UAE’s commitment to fair labor practices and ensures that employees’ rights are defended efficiently.
Legal framework for Compassionate leave UAE
The UAE has set forth certain guidelines under Federal Decree-Law No. 33/2021 and Cabinet Decision No. 1/2022 for granting compassionate leave to employees during bereavement. It aims to ease the financial and emotional strain on the employees without having to worry about professional responsibilities.
Expanded Leave Categories
In the recent amendments, the UAE has introduced additional leave options for studying and unpaid leave for the Hajj Pilgrimage, demonstrating its profound understanding and acceptance of the diverse needs of the employees.
DIFC and ADGM Jurisdictions
Certain regulations pertaining to compassionate leave UAE are not applicable to free zones such as DIFC and ADGM, which operate with their own legal systems. Hence, to understand the leave entitlements better, employees working in these jurisdictions must refer to their employment contracts and local laws.
Eligibility Criteria for Compassionate Leave
Under the Federal Law, the eligibility for paid compassionate leave is dependent on the individual employee's tenure. They will be entitled to this leave only after a year of working in the organization. This strengthens employees’ commitment to work culture, respect for policies, and fulfillment of personal issues, all while maintaining their emotional well-being and fostering strong labor relations.
What is the procedure to apply for compassionate leave UAE?
Let’s break down the process and the fundamental requirements:
Application Process
Employees seeking compassionate or bereavement leave must immediately notify the employer about their situation and formally apply for the immediate leave approval. Such leaves are accounted for from the day of the passing of the loved ones.
The application needs to be submitted as soon as possible, so that the employer gets enough time to go through the leave application and approve. Once verified, the employers must immediately approve leave and support employees to recover faster.
Documentation
The following documents must be presented to the employer for the approval of the compassionate leave:
- A death certificate.
- Proof of the relationship of employee.
The exact documentation may vary based on the specific company policies and regulations in the employment contract. However, by submitting accurate documents on time, you can ensure a smooth approval process.
Employer Responsibilities
The Federal Decree-Law No. 33/2021 holds all employee rights regarding compassionate leaves, and employers are required to adhere to it. Some of the key obligations are as follows:
- Employers must approve leave requests on time, without imposing any penalties or considering it as unpaid leave. This means no salary deduction should be done.
- Employers must make sure to protect the important documents submitted by employees for leave approval.
- Employers must extend support and empathy to the employee during such challenging times, thereby fostering a supportive and lawful workplace environment.
If any employer is found violating compassionate leave policies in the UAE, they may have to face legal consequences.
Key takeaways:-
- The scenarios under Compassionate leave are more than in Bereavement leave.
- Policies may vary among organizations, but they must support employees during their tough times.
- Granting compassionate leave reflects positively not only on employee well-being but also on company culture.
Conclusion
Through compassionate leave regulations, the UAE reflects its commitment to fostering a supportive work culture within organizations, while maintaining compliance with Labour Laws.
If you need more information on compassionate leave UAE or are seeking to navigate the complexities of bereavement leave UAE labour law, speak with one of our experts who will walk you through the relevant laws and regulations and also ensure that your business fully adheres to them.
No comments:
Post a Comment