A Guide on Statutory Leaves in Kuwait

Edric Mateo

image

HLB HAMT - Accounting Firm in UAE
Phone:- +971 4 327 7775
Mobile:- +971 50 205 9540
Email:- dubai@hlbhamt.com

    Get Free Consultation




    Every employee needs a break to relax and spend time with their loved ones, especially if they are spending excessive hours at their office. A stressed and hectic mind will have a negative impact on job performance and can even result in costly mistakes. Hence, leaves are more than mandatory not just for the well-being of the employee but for the employer as well.

    Here we have covered in detail about the leave policy in Kuwait.

    The Leaves granted to employees working in Kuwait under the labor law are as mentioned below

    • Annual leave
    • Sick leave
    • Maternity leave
    • Hajj Leave
    • Compassionate leave
    • Academic leave
    • Official national holidays

    A. Annual Leave Policy in Kuwait

    As per Article 70, workers in Kuwait are entitled to a 30-day paid annual leave. However, the entitlement to leave for the first year of work begins after at least 9 months of service for the employer. Official holidays and sick leaves during the year are not counted as annual leave. The worker shall be entitled to a leave for the fraction’s year in proportion with the period he spent in actual service, even the first year of service.

    FAQs

    1. Is annual leave in the Kuwait based on calendar days?

      Yes, Annual leave is calculated based on calendar days. Official holidays during the leave period are not counted as annual leave

    2. Can the employer determine when the employee leave will be taken?

      The employer has the right to determine the date of the annual leave, with the consent of the employee. Similarly, an employee can accumulate his annual leaves entitlements for a maximum period of two years and can take them all at once subject to the approval of the employer.

    3. How are national/public holidays that fall within an employee’s annual leave treated?

      If any public holiday falls within the period of Annual leave, that will not be considered as part of the leave.

    4. Can an employee claim compensation for unutilized leaves while termination of contract?

      Yes, upon termination of the work contract a worker is entitled to a cash compensation for any leaves that have not been utilized.

    5. Can an employee work for another employer during their annual leave?

      No, an employee shall not work for another employer while on annual or sick leave provided. Where his employer establishes that he has done so, he may deprive him of his wage for the duration of the leave or recover any wages previously paid to him

    B. Sick Leave policy in the Kuwait
    Article 69 states that an employee is entitled to sick leaves at the following rate per annum.

    • First 15 days at full pay.
    • following 10 days at three-quarters of the pay
    • following 10 days at half pay
    • following 10 days at quarter pay
    • following 30 days without pay. (Sick leave unpaid leave)

    FAQs

    1. What is the difference between sick leave unpaid and unpaid leave?

      The days taken after the first forty-five days are regarded as sick leave unpaid and are different from unpaid leave. The days falling under this type of leave are included when determining the service period of an employee. This leave does NOT impact calculation of gratuity, outstanding vacation, air ticket payout or any other payroll accrual due to the employee.

    C. Maternity Leave policy in Kuwait
    As per Article 24, A pregnant working woman is entitled to a paid maternity leave of 70 days, not included in her other leaves, if she gives birth within this period.

    Frequently asked questions concerning maternity leave

    1. Can an employee take extra leaves after exhaustion of her maternity leave?

      After the end of the maternity leave, the employer may give the working woman, at her request, an unpaid leave for a period not exceeding four months to take care of the baby.

    2. Is the period taken as unpaid maternity leave included while determining the period of service?

      Yes, this period taken as unpaid maternity leave is included while determining the period of service and is counted while calculating gratuity at the end of service.

    3. Is a female employee entitled to any extra breaks post-delivery?

      Yes, the nursing female employee is allowed a two-hour break per day so that she can take care of her newborn baby.

    4. Can an employer terminate an employee who is on maternity leave?

      The employer may not terminate the services of a working woman while she is on such leave or during her absence from work because of a sickness that is proved by a medical certificate that states that the sickness resulted from pregnancy or giving birth.

    D. Hajj Leave
    The worker who spent two continuous years working for the same employer shall be entitled to 21 days leave with pay to perform Hajj provided that he had not performed hajj before

    E. Paternity Leave
    There is no statutory paternity leave in Kuwait

    F. Compassionate leave
    According to Article 77, the employer may grant an employee a special leave of three days in the event of a first- and second-degree relative’s death.

    G. Academic leave
    The employer may grant an employee a paid academic leave to obtain a higher degree in his work field provided the worker shall return and work for the employer for a similar length of time that should not exceed five years.

    H. Iddah Leave
    The Muslim working woman, whose husband has died, shall be entitled to a fully paid iddah leave for four months and ten days from the date of death. During this leave, the working woman shall not be entitled to work for another employer.
    The non-Muslim working woman, whose husband has died shall be entitled to a paid leave of 21 days.

    I. Marriage Leave
    Marriage leave is not provided in Kuwait, Employee can avail their Annual leave for marriage

    J. Kuwait Public Holidays.
    These are the public holidays in Kuwait;

    • Hegeira New Year: 1 day
    • Isra’ and Mi’raj day: 1 day
    • Eid Al-Fitr: 3 days
    • Arafa Day: 1 day
    • Eid Al-Adha: 3 days
    • Prophet’s Birthday: 1 day
    • National Day: 1 day
    • Gregorian New Year: 1 day

    *Please note, Islamic holidays are determined according to moon sighting

    Leaves are one of the many elements that help in promoting a relaxed workplace. This in turn leads to more motivated, productive and healthy working environment.

    For information on the payroll process in Kuwait click on this link

    Payroll Process in Kuwait

    The process of payroll is little complicated and time-consuming; hence it is always recommended to outsource your company’s payroll function. Outsourcing payroll will ensure the assistance of a team of trained payroll professionals and it frees up the time of the organization, helping them focus on other projects that add value to their business.

    One should be extra vigilant while selecting their payroll provider, as payroll data is highly sensitive, and one should opt for a provider that can ensure high levels of data security.

    As a leading payroll outsourcing company, HLB HAMT can help solve your payroll complexities through customized strategies. We take care of our clients’ entire payroll cycle that includes preparation of payroll reports, processing salary payment with WPS compliance, accrual management including Gratuity, pension funds, an online portal for accessing pay slips, and many more. Our leadership team spends the necessary hours in every project, ensuring our clients get refined consulting services to take your business forward.

    To know more about our payroll process, click here

    Disclaimer:

    Whilst every effort has been made to ensure the accuracy of this information, HLB HAMT will not accept any liability arising out of errors or omissions. Please note that this blog is not all-inclusive. Our guidance is designed only to give general information on the issues/topics covered. It is subjected to change and not intended to be a comprehensive summary of all laws which may be applicable to your situation, treat exhaustively the subjects covered, provide legal advice, or render a legal opinion.

    Did you find the blog informative?         

     

    Varun R Chandra
    Varun R Chandra
    07:38 25 Apr 21
    HLB Hamt is highly recommended! They have the quality of services that would satisfy your needs. I'm glad I found them.
    Giuseppe Assi
    Giuseppe Assi
    06:20 31 Jan 21
    I HAD A GOOD EXPERIENCE WITH HLB HAMT DUBAI. THEY HAVE A VERY PROFESSIONAL TEAM, GOOD QUALITY OF SERVICES, GOOD VALUE... FOR PRICE.I RECOMMEND THIS COMPANY.read more
    Mohamed Sheriff
    Mohamed Sheriff
    16:16 28 Jun 20
    Experience with HLB Hamt in audit experience is great pleasure. They deploy well qualified accounts team for audits.... And the amount of checking they perform give the management of the company confidence that internal controls are well in place. We are glad to see they have high standard of audit practices.read more
    218141 JOSEPH THOMAS
    218141 JOSEPH THOMAS
    16:20 23 Jun 20
    Professionally managed firm with commitment to the engagements taken. My company and its group are assigning our... requirements for last 12 years to HLB and we don’t have any negative remarks on any assignments.read more
    PMI
    PMI
    07:14 23 Jun 20
    In my opinion, HLB Hamt is one of the best professional firms in UAE after big4. Excellent client service, professional... and competent staff and timely delivery are their strength. Over the years they have developed the infrastructure and skill set to handle multiple verticals ie, audit, tax services, consulting, IT support etc.Wishing HLB Hamt team all the very best.read more
    RAVI CHOKSI
    RAVI CHOKSI
    08:28 21 Jun 20
    Thank you Team HLB hamt...Your internal auditing team put the good amount of time and inputs in helping the... organisation making considerable improvements throughout the organisational working structure and helps in building the better business.Thanks.read more
    Maharajan Subramaniam
    Maharajan Subramaniam
    18:17 06 Jun 20
    High-Performing IT Teams, I'm impressed with the knowledge level of their deputed staff, audit procedures, and... checklist adopted. Mr. Vimal especially understand the requirement and provide solution not only technical feasibility and also considered budgeting. We’re confident in their abilities.read more
    Mohammed L
    Mohammed L
    08:07 05 Jun 20
    We have been working closely with them on payroll services for quite sometime.They provide very professional... services,experts in domain and excellent support. Would recommend them.Cheers.read more
    ROY ROSHAN VIVIAN
    ROY ROSHAN VIVIAN
    06:32 04 Jun 20
    Very professional team. Vimal has always given us good solution advice for various Software and IT Infra projects. We... are very Extremely satisfied working with him and his team. Wishing them success.read more
    Basil Daniells
    Basil Daniells
    05:55 03 Jun 20
    I have worked with HLB as a partner of Sage for about 2 years, they were dedicated to the success of the partnership... and kept aligned with the business plan that was agreed between our two companies. They are always ready to go the extra mile for a customer and don’t shy away from challenging circumstances. Keep up the good work and wish you all the success in the future.read more
    Amar Kashyap
    Amar Kashyap
    19:28 02 Jun 20
    Team of well qualified and organised professionals. Their reports are not based on numbers first they will understand... their client and their business. They are highly recommended and trust worthy.read more
    Radz de Jesus
    Radz de Jesus
    16:03 02 Jun 20
    We're glad to have found HLB Hamt to conduct the IT audit and risk assessment for our organization. We have learned a... lot from their team during that first project. And since then, we've continued to be in touch with them. Mr. Vimal especially is very good at presenting technical concepts in simple yet interesting ways that non-IT and business people alike would easily catch. We are very happy with the professionalism and quality of service they provide. They leave their clients nothing short of satisfied. Highly recommended.read more
    Next Reviews

    Get in touch

    Whatever your question our team will point you in the right direction

    Start the conversation
    Get in touch
    x
    x

    Share to:

    Copy link:

    Copied to clipboard Copy