Can employers refuse compassionate leave for step-children in UAE?
UAE labor law limits bereavement leave to specific blood relatives, and step-children do not qualify. Unpaid leave days are excluded from end-of-service gratuity calculations.
Can employers refuse compassionate leave for step-children in UAE?
An employee who traveled on unpaid leave following the death of his step-son requested an additional five days of compassionate leave from his employer. The company may legally refuse this request, as step-children are not covered under UAE bereavement leave entitlements.
Under Article 32 of Federal Decree-Law No. 33 of 2021, which came into force on February 2, 2022, bereavement leave applies only to the death of a spouse, or close blood relatives including parents, children, siblings, grandparents, and grandchildren. The law grants five days of paid leave for the death of a spouse and three days for the death of other listed relatives.
Timing and documentation requirements
Bereavement leave must commence from the date of death and must be taken immediately. The entitlement cannot be deferred or claimed months after the event. Employees must provide proof of death from relevant authorities, such as a death certificate or other official documentation confirming the relationship, in order to obtain bereavement leave.
In-laws and step-relatives are not automatically covered under statutory bereavement leave entitlements. Granting such leave is at the employer's discretion according to internal company policy. If the statutory bereavement leave is insufficient, employees may request additional time off through annual leave, unpaid leave, or flexible arrangements, subject to employer approval.
Impact on end-of-service benefits
Regarding unpaid leave and its impact on employment benefits, Article 33 of the labor law specifies that unpaid leave shall not be included in the worker's service term or in the period of contribution to the retirement scheme. This means unpaid leave days are deducted from the total service period when calculating end-of-service gratuity, and those days do not count toward the employee's years of service.
The Ministry of Human Resources and Emiratisation clarified in 2023 that unpaid leave days are not included in gratuity calculation for full-time private sector employees who have completed at least one year of continuous service. End-of-service gratuity is calculated based only on the employee's basic salary, excluding allowances such as housing, transportation, utilities, and furniture.
In contrast, paid leave types such as annual leave, sick leave, maternity leave, and public holidays count toward continuous service for gratuity calculations. This distinction is important for employees to understand when considering different types of leave.
Scope of the labor law
The UAE Labor Law applies to all private sector employees whether UAE nationals or expatriates, but does not cover federal or local government employees, armed forces, police, security personnel, or domestic workers. The current law replaced Federal Law No. 8 of 1980, which had governed UAE labor relations for over 40 years.
