Bereavement Leave in Jordanian labor Law
Bereavement Leave in Jordanian Law: A Comparative Analysis Between the Public and Private Sectors and Prospects for the 2025 Legislative Amendment
Introduction:
Bereavement leave, also known as compassionate leave, is a fundamental human and social right that allows employees to be absent from work to cope with the psychological, social, and procedural consequences following the loss of a relative. The legal frameworks governing this leave differ significantly between the public and private sectors in Jordan, raising questions about the equity of rights granted to employees in both sectors. This article aims to analyze and compare the current legal status of bereavement leave in both the public and private sectors, highlighting the proposed draft amendment to the Labor Law expected in 2025 and its potential impact on the rights of private sector employees.
Bereavement Leave in the Public Sector:
Employee affairs in Jordanian government ministries, departments, and institutions are currently regulated by the “Public Sector Human Resources Management System No. (33) of 2024.” This system does not designate a separate category titled “Bereavement Leave” but addresses the matter implicitly under “Incidental Leave” (Al-Ijazah Al-‘Aridiyah).
Article (53) of the aforementioned system stipulates that an employee may be granted paid incidental leave by a decision from the Secretary-General in specific cases, including death, as follows:
- Three days: In the event of the death of a first-degree relative.
- Two days: In the event of the death of a second-degree relative.
- One day: In the event of the death of a third-degree relative.
The system requires that the total sum of such incidental leaves granted to an employee does not exceed seven days per year, with the department retaining the right to verify the validity of the reasons provided.
To determine the scope of this leave, reliance is placed on the definition of kinship degrees derived from the provisions of the Jordanian Civil Law:
- First Degree: Parents, children.
- Second Degree: Siblings, grandparents, grandchildren (children of son/daughter).
- Third Degree: Paternal/maternal uncles, paternal/maternal aunts, nephews/nieces (children of brother/sister).
It is evident that public sector employees subject to this system possess a clear and regulated right to paid leave upon the death of a relative, with the duration varying according to the degree of kinship.
Bereavement Leave in the Private Sector (Current Status):
In contrast to the public sector, the “Jordanian Labor Law No. 8 of 1996” and its amendments currently in force (as of April 15, 2025), do not contain any explicit provision granting private sector employees the right to paid leave due to the death of a relative.
The law specifies the types of paid leave mandatory for the employer, limited to annual leave (Article 61 et seq.), sick leave (Article 65), maternity leave (Article 70), paternity leave (3 days under Article 66/C), marriage leave (3 days, once, under Article 66/B), and Hajj leave (14 days, once during service, under Article 66/A).
As a result of this legislative gap, granting leave to a private sector employee due to a death currently depends on:
- Internal Company Policy: Many private sector companies and institutions adopt their own internal policies granting employees paid leave in cases of death, with these policies varying in duration and the scope of relatives covered.
- Individual Employment Contracts: An individual employment contract may include a clause granting the employee this right.
- Collective Bargaining Agreements: Collective agreements concluded between trade unions and employers may regulate the issue of bereavement leave.
- Employer’s Discretion: In the absence of the above, the matter remains subject to the employer’s discretion and the circumstances of each case.
The Proposed 2025 Amendment to the Labor Law (Private Sector):
Recognizing the importance of this right, and as part of efforts to modernize labor legislation, work is currently underway to approve a “Draft Bill Amending the Labor Law,” which, according to current information, is expected to materialize during 2025.
Among the most prominent proposed amendments in this draft directly relevant to our topic is the addition of a provision obligating employers to grant private sector employees three days of paid leave in the event of the death of a first-degree relative (father, mother, son, daughter).
Should this amendment be approved and published in the Official Gazette, it would represent a significant shift, establishing a minimum legal standard of protection for private sector employees in this vital humanitarian aspect, albeit limited to first-degree relatives compared to the broader scope applied in the public sector.
Key Differences and the Principle of Acquired Rights:
The fundamental difference currently lies in the existence of clear and specific regulation in the public sector versus its absence in the private sector. Even with the anticipated amendment, a disparity will remain regarding the scope of kinship covered and potentially the duration for other degrees of relation.
Crucially, the “Principle of Acquired Rights” (Mabda’ Al-Huquq Al-Muktasabah) in labor law must be highlighted. If a private sector company currently grants its employees, under its internal bylaws or an established policy, bereavement leave under terms more favorable than those potentially mandated by the new legal amendment (e.g., covering second-degree relatives or granting more days), these better terms are considered an acquired right for the employees working there at the time of application. In principle, the employer cannot prejudice these rights or subsequently reduce them to meet the minimum standard potentially imposed by the new law. This necessitates careful review and assessment of existing policies by private sector companies with such provisions, in light of the upcoming amendments.
Conclusion:
The comparison between Jordan’s public and private sectors reveals a clear divergence in the regulation of bereavement leave. While the civil service system provides a defined framework for public sector employees, private sector workers still largely rely on employers’ internal policies, with hope pinned on the 2025 draft amendment to the Labor Law to establish a minimum legally binding right. The approval of this amendment would represent a positive step towards enhancing social protection for private sector employees. Nevertheless, company internal policies and the principle of acquired rights will continue to be influential factors determining the actual level of benefits received by employees during these difficult human circumstances.
