Leave is one of the most common sources of disputes between private-sector employees and employers in Kuwait: when annual leave becomes due, whether it can be cashed in, who decides the dates, and how much is paid during sick leave. These questions are answered directly by the Private Sector Labour Law No. 6 of 2010. This guide explains the statutory minimums for annual leave and sick leave, the rules on carrying leave forward, payment at the end of the contract, and what to do when an employer refuses to honour these rights.
Annual Leave: How Much and When It Becomes Due
Under Article 70 of the Labour Law, every employee is entitled to paid annual leave of not less than thirty working days. Several details in that article matter in practice:
- First year of service: the employee becomes entitled to leave for the first year after completing at least six months with the employer.
- What is not counted: weekly rest days, official public holidays and sick-leave days that fall within the annual leave are not deducted from it. If an employee falls ill during annual leave and obtains a valid medical certificate, those days are treated as sick leave instead.
- Partial years: leave accrues pro rata for fractions of a year, even in the first year of service.
Thirty working days is a floor, not a ceiling. An employment contract or company policy may grant more, but never less.
Pay, Scheduling and Splitting Annual Leave
Article 71 requires the employer to pay the wage due for annual leave before the employee starts it. Many disputes arise because leave salary is withheld until the employee returns; the law does not permit that.
Under Article 72, the employer has the right to set the timing of annual leave, which allows it to plan around business needs. The leave may be split, but only with the employee’s consent and only after the first fourteen days have been taken. In other words, the employee is entitled to at least one continuous block of fourteen days.
Carrying Leave Forward and Waiving It
Employees often accumulate leave, especially expatriates who prefer one long trip home. Article 72 allows the employee to accumulate leave of up to two years, and to take it in one block with the employer’s approval. Accumulation beyond two years is possible only if both parties agree.
The law also protects the leave itself. Under Article 74, the employee may not waive annual leave, whether for compensation or without it. The purpose is health and rest, not a bargaining chip. The same article allows an employer to recover the leave salary it paid if it is proven that the employee worked for another employer during the leave.
Cash in Lieu of Leave When the Contract Ends
Article 73 gives the employee the right to a cash payment for accumulated annual leave days when the contract ends. This is separate from the end-of-service indemnity and is calculated on the employee’s wage. In final-settlement disputes, the following documents are usually decisive:
- the employee’s leave records and approved leave requests;
- payslips showing the wage used for the calculation;
- the employee file, which the employer is required by Article 80 to keep, including records of annual and sick leave.
Employees leaving a job should ask for a written statement of their leave balance before signing any clearance or final-settlement form. For the wider picture on termination rights, see our guide to employment termination in Kuwait.
Sick Leave: The Statutory Scale
Article 69 sets out the annual sick leave entitlement in tiers:
- 15 days on full pay;
- 10 days on three-quarters pay;
- 10 days on half pay;
- 10 days on quarter pay;
- 30 days without pay.
Illness must be proven by a certificate from the doctor appointed by the employer or the doctor responsible at the government health unit. If there is a disagreement about whether leave is due or how long it should be, the certificate of the government doctor prevails. Chronic or serious illnesses may be excluded from this scale by a decision of the competent minister specifying those conditions.
Article 49 provides that the employment contract ends if the employee’s illness exhausts the sick leave entitlement, as certified by the official medical authorities. The contract ends in that situation by operation of law; it is not a disciplinary dismissal, and the employee’s final settlement should be calculated on that basis.
Other Types of Paid Leave
The Labour Law also provides for other leave, including paid public holidays listed in Article 68 (with double pay and a substitute day if the employee is required to work on one), a one-time paid leave of twenty-one days for Hajj after two years of continuous service under Article 76, and maternity protections covered in our Arabic guide on maternity leave.
What to Do If Your Leave Rights Are Denied
- Put the request in writing: submit leave requests by email or on the company form and keep copies.
- Collect evidence: payslips, leave balances, medical certificates and any written refusal.
- File a labour complaint: individual disputes start with a complaint to the competent labour department before they can go to court.
- Go to the labour court: if the complaint is not resolved, the claim is referred to the labour circuit, where unpaid leave salary and cash in lieu of leave can be claimed.
For an overview of other employee rights, see Kuwaiti labour laws: rights and obligations and our guide to the probation period.
Frequently Asked Questions
Can my employer refuse to let me take annual leave?
The employer may decide when leave is taken, but it cannot deny the entitlement itself. The employee may accumulate up to two years of leave, and any unused balance must be paid in cash when the contract ends.
Can I sell my annual leave and keep working?
No. The law prohibits the employee from waiving annual leave, whether for payment or without it, during the employment relationship. Cash in lieu is due only for accumulated days when the contract ends.
Do public holidays during my leave count against my balance?
No. Weekly rest days, official holidays and sick-leave days falling within annual leave are not counted as part of it.
Whose medical certificate counts if my employer disputes my sick leave?
If there is a disagreement, the certificate of the government doctor is the one relied upon.
This article provides general information and is not a substitute for legal advice on your specific situation. To discuss a leave or final-settlement dispute, you can book a consultation with the office of lawyer Meshari Obaid Alenezi or call +965 2220 4490.
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