Ask Gulf News: Can an employer refuse a compassionate leave request?

Question: An employee travelled in an unpaid leave to his country following the death of his step-son. He requested an additional 5 days of compassionate leave. Is he legally entitled to compassionate leave in these circumstances, or can the company refuse the request? Is the unpaid leave counted in the worker’s end of service dues? Please advise. 

Answer: The employer may refuse the employee's request for compassionate leave. Under Article 32 of the UAE Labor Law, bereavement leave is granted only in the event of the death of specific family members. A step-son is not among the relatives listed in the law. Furthermore, bereavement leave must commence from the date of death and cannot be claimed months after the event and just for 3 days in case of death of the son. 

Article 32 of the labor law provides that (The worker shall be entitled to a paid leave in the following cases: a. A bereavement leave of (5) five days, in case of death of the husband or wife and (3) three days in case of death of the mother, father, son, brother, sister, grandson, grandfather or grandmother, starting from the date of death;)

The same Article also requires the employee to provide proof of the death issued by the relevant authorities in order to obtain the bereavement leave.

Regarding the Unpaid Leave, the worker may, after obtaining the approval of the employer, have an unpaid leave.

The unpaid leave in accordance to Article 33 of the law, (shall not be included in the worker’s service term at the employer or in the period of the contribution in the retirement scheme in accordance with the legislation in force in this regard.)