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No paid leave for women in the event of spouse’s death
DUBAI - Working women in the UAE are not entitled to paid emergency leave in the event of husband’s death as per the UAE labour law, said a senior official at the Ministry of Labour.
According to Jassem Al Banna, Director of Legal Affairs, Ministry of Labour, “In the labour law provisions governing the private sector companies, there is no explicit text regarding emergency leaves in case of death of spouse.”
Jamila, a Sudanese national working for a private company whose husband passed away recently, said, “My husband died in Sudan and I had to be away from my workplace for a month. My office administration told me that I was not entitled to paid emergency leave under the labour law. So days were deducted from my annual leave.”
Jamila added, “I believe, this clause is unfair. The labour law should include an explicit stipulation on leave for the widow. I see such a leave as equally important as the maternity leave as the UAE is an Islamic country. Besides, why not treat private and public sector employees equally?”.
Al Banna said, “Such cases are exceptional and have a humanitarian aspect. It is up to the employer if he wants to give the employee leave or not. The law applies to all without any exception. There is no discrimination between national and expatriate, Muslim and non-Muslim. It depends upon the human resources in the establishment. It is dealt with on the basis of humanitarian and personal considerations rather than an acquired right.”
However, the UAE Civil Service Law, which applies to public sector institutions, except the armed forces, takes into account the Islamic Shariah. According to the Shariah, a woman working in the public sector is entitled to four months and 10 days as leave from work in case of husband’s death. This law applies to all public sector female employees, whether nationals or expatriates. The man is, however, entitled to three days only, necessary for the condolence period, Al Banna added.
Al Banna also said, “Under the Shariah the widow is given this leave because she should not be exposed to men during her mourning period.
Speaking to Khaleej Times, Dr Hamad Al Shaibani, Director-General of the Dubai Department of Islamic Affairs and Charitable Activities explained, “As per the Human Resources Law in the UAE, the grieving widow is granted permission to stay at home for the stated time of four months and 10 days. However, there may be cases where private companies do not allow her to be away for that duration.”
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