Bereavement Leave in the UAE | Complete Guide

Bereavement leave in the UAE is 3-5 days of paid leave granted to employees in the case of the death of close family members. The guide discusses eligibility, required documents, labor law in the UAE, the employer’s obligations, and the distinct aspects that bereavement leave occupies in relation to annual leave and emergency leave.

Introduction

In the rapidly changing workplace of the UAE today, it will benefit both employees and employers to have a clear understanding of their leave entitlements. There is compassionate leave, also known as bereavement leave, in the UAE, a legal entitlement that employees are entitled to during their darkest hour. While popular types of leave are annual leave, sick leave, and maternity leave, businesses and employees alike should ensure that they understand fully how the bereavement leave in the UAE labour laws actually works in practice. Whether it is to create policy for an employer or get clarity for an employee, this guide will provide everything there is to know about bereavement leave in the UAE and how it plays within the broader labour-law framework.

1. What Bereavement Leave Means Under UAE Labour Law

Under Federal Decree-Law No. 33 of 2021 relating to labour relations in the private sector, compassionate leave (bereavement leave) is recognised as one of the official paid leave types. Article 32 outlines “other leaves” such as bereavement, parental leave, and study leave.

The law provides:

• Five days of paid leave on the death of a spouse
• Three days paid leave on the death of a parent, child, sibling, grandchild, or grandparent
• The leave begins with the event of death, not with a notice thereof
• Requires proof of death (death certificate or equivalent document)
• Applicable to employees in the private sector under federal labor law. Free-zone jurisdictions (e.g., DIFC, ADGM) may have different rules, so employees should check their contracts

2. Bereavement Leave Eligibility

According to the law, eligibility is simple:

• Available to employees governed by the federal labour law of the UAE
• Death of spouse (5 days) or parent, child, sibling, grandchild, or grandparent (3 days) must be included
• Did not automatically cover the death of in-laws; must be subject to the employer’s own internal policy
• This leave needs to begin from the date of death
• Proof is required, such as a death certificate or the like

Well-defined eligibility and documentation requirements are to be established by employers in order to minimize the risk of disputes.

3. Duration of Bereavement Leave in the UAE

The legal duration is:

• 5 days due to the death of a spouse
• 3 days due to the death of either parent, child, sibling, grandchild, or grandparent

The law, however, does not specify whether these terminations are working days or calendar days, and so companies need policies within their internal policy. Most employers adopt working days, but they can vary.

4. Is Bereavement Leave Paid?

Yes, bereavement leave is a fully paid leave entitlement.

Key points:

• Paid salary for the 3 or 5 days in full
• Not allowed to deduct from annual leave or leave the days unpaid
• If more days are required than provided under the statute, these fall under employer discretion (may be unpaid or counted against annual leave)
• From a leave salary perspective, bereavement leave has no impact on normal payroll calculations

5. Documentation Required

Typically, employers demand documentation from their employees under the law as well as internal policies:

• Death certificate (from the UAE or abroad, depending on translation)
• Optional, required according to the company policy, but the requirements should be reasonable
• To be notified as early as possible

Keeping copies for their own records, storing the documentation for compliance with the employer.

6. Bereavement Leave vs Annual Leave

This is one of the many comparisons that would clarify HR policy, especially concerning keywords such as annual leave calculator UAE and UAE labour law annual leave.

Annual Leave

• An employee is entitled to 30 days of paid annual leave for every year he/she worked after completing his/her first year of employment
• For 6 months to 12 months, entitlement is 2 days per month
• Annual leave may be prorated according to the starting date or part-time work
• With the use of an annual leave calculator in the UAE, an employer can set balances

Bereavement Leave vs Annual Leave

• Bereavement leave is in addition to annual leave
• Employers cannot deduct the bereavement leave balance from an employee’s annual leave
• Specific personal conditions entitlement to take bereavement leave, while annual leave is for rest, travel, or personal time
• Accrual rules under annual leave, while on bereavement leave, are fixed per incidence

This section, therefore, will educate employees on the different terms and protect them against wrongful deductions.

7. Rights and Responsibilities for Employers

Employer Responsibilities

• Keep policies in accordance with the UAE labour law
• Define eligibility and other conditions for documentation and duration of leave clearly
• Full payment to employees for bereavement leave days
• Ensure accurate payroll processing and record-keeping
• Fair and compassionate treatment for employees during bereavement
• Check with free-zone companies, which set of rules apply, and the contract shows the correct entitlements

Employer Rights

• Ask about reasonable evidence for proof of death
• Enquire if extra days are paid or unpaid
• Take appropriate action if employees fail to submit the required documents or misuse leave

Clear policy prevents misunderstandings and promotes a supportive work environment.

8. What to Do if an Employer Rejects Bereavement Leave

Most employers are usually reasonable, but there are times when misunderstandings occur.

Steps for Employees

1. View your contract and company policy
2. Write a formal request, together with the death certificate
3. Keep a record of your communication
4. Head to the Ministry of Human Resources and Emiratisation (MOHRE) if further clarification is required
5. If the employer still refuses, you may file a complaint about your labour with MOHRE through their hotline, app, or service centres
6. Provide all supporting documents during the complaint process

Special Note for Free-Zone Workers

Free zones like DIFC and ADGM are governed by entirely different employment laws. The specific rules that apply to a free zone and your contract will spell out the entitlements you have.

9. Emergency Leave and Other Related Leave Types

Understanding how bereavement leave relates to emergency leave under UAE labour law and the other categories helps the worker to choose the right type of leave.

• Bereavement leave is paid and defined under the law
• Emergency leave in the federal laws is not defined by fixed days; therefore, companies may offer leave without pay or annual leave for these urgent situations
• The other types of leave include parental leave and study leave, as expressed in Article 32
• Sabbatical leave is to be availed by Emirati employees undergoing national service

A well-defined leave matrix by the employer will remove any confusion between emergency and bereavement leave.

10. FAQ 

1. Does bereavement leave apply to in-laws?

Not by default. It covers spouse, parent, child, sibling, grandchild, and grandparent. Leave for in-laws is at the employer’s discretion.

2. Do weekends count in bereavement leave?

The law doesn’t specify. Employers must clarify whether leave is counted as calendar or working days.

3. Does bereavement leave reduce my annual leave entitlement?

No. It is a separate paid leave.

4. What if I need more time than 3 or 5 days?

You may request additional unpaid or annual leave, depending on company policy.

5. What if my company refuses bereavement leave?

You may file a complaint with MOHRE after attempting internal resolution.

6. Does this apply to all UAE employees?

It applies to federal law private sector workers. Free-zone employees must follow the rules of their jurisdiction.

Conclusion

Understanding bereavement leave in the UAE helps both employees and employers to navigate these sensitive periods while remaining compliant with labour law. With a clear definition of what rights exist, along with specific paid entitlements and procedural guidelines, this leave assures that employees can concentrate on family obligations while being free of work stress. Employers, in turn, benefit from such transparency coupled with conformity to law, and a respectful workplace culture is born.

For any assistance in drawing up leave policies that are compliant or to comprehend UAE labour rules, consult Arnifi.