Carer's and compassionate leave in the United Arab Emirates
Reviewed by Mellow Editorial Team, HR & payroll content team
Carer's leave and compassionate leave in the UAE are governed by Federal Decree-Law No. 33/2021 and its executive regulations. Employers are not free to define these entitlements however they like — the law sets minimums that apply to all private-sector employees.
What the law actually provides
Federal Decree-Law No. 33/2021 introduced several categories of paid and unpaid leave beyond the standard annual leave entitlement. The two most relevant here are:
Compassionate leave (bereavement leave): An employee is entitled to five days of paid leave on the death of a spouse. Three days of paid leave apply on the death of a parent, child, sibling, grandparent or grandchild. The leave runs from the date of death, and the employee is expected to take it then — it is not a credit to be used later.
Sick leave used as carer's leave: The UAE does not have a standalone "carer's leave" category in the way some other jurisdictions do. Employees who need to care for an ill family member typically use annual leave, unpaid leave by agreement, or — where the employer's internal policy permits — special leave. Employers can and do create their own carer's leave policies on top of the statutory floor, and many do so as a matter of retention and culture.
Parental leave provisions worth knowing
Two provisions sit close to the carer's concept and are worth separating out clearly.
Maternity leave: Female employees are entitled to 60 calendar days — the first 45 at full pay, the following 15 at half pay. If the newborn has a health condition requiring care, an additional 30 days unpaid leave is available.
Paternity leave: Male employees are entitled to five working days of paid paternity leave, to be taken within six months of the child's birth.
Childcare hours: Nursing mothers are entitled to one or two daily breaks to nurse a child, for up to six months following the end of maternity leave. The total break time cannot exceed one hour per day. This does not function as carer's leave but it does directly reduce working hours for a caring purpose.
How bereavement leave works in practice
A few points employers frequently ask about:
Religion and custom. In the UAE, mourning periods can extend well beyond three or five days, particularly for Muslim employees observing the customary mourning period for a spouse. The Decree-Law's five-day entitlement is a minimum. Employers commonly allow employees to add annual leave immediately after bereavement leave if the employee requests it.
Documentation. The law does not specify what proof an employer may request, but it is reasonable and common practice to ask for a death certificate or equivalent official document. Keep your internal policy clear on this point so employees know what to bring and how to submit it.
Remote and hybrid employees. The leave entitlement applies regardless of where the employee physically works. An employee working remotely from outside the UAE under a UAE employment contract retains the same statutory entitlements.
GCC nationals. Employees who are UAE or GCC nationals enrolled in the GPSSA pension scheme have the same leave entitlements under the Decree-Law as expatriate employees. The pension scheme difference does not affect leave rights.
Setting your internal policy
The statutory minimums are exactly that — minimums. A written internal policy that goes beyond them gives employees clarity and protects the business from ad hoc decisions that could be inconsistent or discriminatory.
Consider specifying:
- Which family relationships qualify (the law covers the relatives listed above; your policy can extend to in-laws, aunts, uncles, or close friends if you choose)
- Whether the leave is paid, and at what rate, for any extended entitlement you add
- How employees notify HR and what documentation is expected
- Whether employees can split or defer any additional compassionate days your policy provides (you cannot restrict the statutory days this way, but you have more flexibility with voluntary additions)
A written policy, even a short one, reduces the chance of a grievance or a dispute before the Ministry of Human Resources and Emiratisation (MoHRE).
Unpaid leave as a practical option
Where an employee needs more time than the law provides, unpaid leave by mutual agreement is the most common practical route. The Decree-Law permits unpaid leave; the duration is a matter of agreement between the employer and the employee. There is no statutory cap on how much unpaid leave can be agreed, though it should be documented in writing.
Unpaid leave periods may affect end-of-service gratuity calculations depending on how the period is treated — whether it is counted toward continuous service or not. Employers should confirm their treatment of unpaid leave in their internal policy and apply it consistently, since gratuity is calculated on basic wage and years of service under Federal Decree-Law No. 33/2021.
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