Most employees in Kuwait’s private sector know about annual leave and sick leave, but fewer know that the Labour Law in the Private Sector (Law No. 6 of 2010) also gives specific paid leave for life events: performing Hajj, the death of a close relative, the waiting period of a widow, and further study. These entitlements are short articles in the law, yet they cause regular disputes: an employer refuses Hajj leave because the employee has not served long enough, a company deducts bereavement days from annual leave, or a worker who took paid study leave resigns and is asked to repay wages. This guide explains what Articles 75 to 78 of the Labour Law provide, how each type of leave works in practice, and what to do if your employer does not respect it.
Hajj leave: 21 paid days, once in your service
Article 76 gives a worker who has completed two continuous years in the service of the same employer the right to paid leave of twenty-one days to perform Hajj, on condition that the worker has not performed Hajj before. Several practical points follow from this wording:
- Two continuous years with the same employer. Service with a previous employer does not count, and a break in service restarts the calculation. A worker who joined in the middle of a year should check the exact date on which the two years are completed before planning the trip.
- It is a right, not a favour. Once the conditions are met, the law says the worker has the right to the leave. The employer can discuss timing with the worker, but cannot simply refuse.
- It is paid. The worker receives full wages during the twenty-one days.
- Only for a first Hajj. A worker who has already performed Hajj is not entitled to this leave, though nothing prevents an employer from granting extra leave voluntarily.
In practice, submit a written request well before the Hajj season, attach evidence of your registration or travel arrangements, and keep a copy of the employer’s approval.
Bereavement leave: 3 days with full pay
Under Article 77, a worker is entitled to three days of leave on full pay on the death of a relative of the first or second degree. In general terms, first-degree relatives include parents, children and spouse, while second-degree relatives include grandparents, grandchildren and siblings. Employers sometimes ask for a death certificate or other proof of the relationship, which is reasonable, and the worker should provide it when returning to work.
Bereavement leave is a separate entitlement. It should not be deducted from the worker’s annual leave, and an employer that does so can be asked to restore the days. For how annual and sick leave are calculated, see our guide to annual and sick leave in the private sector.
Iddah leave for a widowed employee
The same article gives a working Muslim woman whose husband dies the right to leave on full pay for four months and ten days from the date of death, which corresponds to the Islamic waiting period (iddah). During this leave she may not work for anyone else, and the conditions for granting the leave are set by a decision of the minister. A non-Muslim working woman whose husband dies is entitled to twenty-one days of paid leave.
Because the leave starts from the date of death, the employee or her family should notify the employer as soon as possible and provide the death certificate and marriage certificate. The leave is long and paid, so employers occasionally question it; the employee’s best protection is a written request that refers to Article 77. This leave is also covered in our article on maternity leave and women’s rights at work.
Study leave: paid, but with a commitment to stay
Article 75 allows the employer to grant a worker paid study leave to obtain a higher qualification in the worker’s field. Unlike Hajj leave, study leave is discretionary: the law says the employer may grant it, so the worker cannot demand it.
The important part is the condition attached. A worker who receives paid study leave must work for the employer for a period equal to the length of the leave, up to a maximum of five years. If the worker breaches this condition, for example by resigning soon after completing the qualification, the worker must repay the wages received during the study leave in proportion to the remaining period that should have been worked. Before accepting study leave, read the agreement carefully, make sure the length of the leave and the commitment period are written down, and keep a record of the wages paid during the leave.
Leave for labour conferences and meetings
Article 78 allows the employer to grant paid leave for attending conferences and periodic labour and social meetings, under conditions and rules set by a ministerial decision. This is also discretionary, and it is most relevant to workers who are active in trade unions or labour committees.
What to do if your employer refuses
- Put the request in writing. Email HR with the dates, the type of leave and the article of the Labour Law, and attach the supporting document.
- Keep evidence. Your contract, payslips, the employer’s reply, and any deduction shown on your salary statement.
- File a labour complaint. The Public Authority for Manpower receives labour complaints and calls both sides to try to reach a settlement.
- Go to the labour court. If no settlement is reached, the dispute is referred to court, where the worker can claim deducted wages and other entitlements.
Leave disputes often surface at the end of employment, when unpaid entitlements are added to the final settlement. Our guide to end-of-service gratuity explains how that settlement is calculated, and our overview of Kuwaiti labour law covers the wider framework.
Frequently Asked Questions
Can my employer refuse Hajj leave?
If you have completed two continuous years with the same employer and have not performed Hajj before, the Labour Law gives you the right to twenty-one days of paid leave for Hajj. The employer may discuss the timing, but cannot deny the entitlement itself.
Is bereavement leave deducted from annual leave?
No. The three days of full-pay leave on the death of a first- or second-degree relative are a separate entitlement under Article 77 and should not be taken from your annual leave balance.
Do I have to repay my salary if I resign after study leave?
If you received paid study leave, you are committed to work for the employer for a period equal to the leave, up to five years. If you leave before that period ends, you must repay the wages received during the study leave in proportion to the remaining period.
Does iddah leave apply to non-Muslim employees?
A non-Muslim working woman whose husband dies is entitled to twenty-one days of paid leave, while a Muslim working woman is entitled to four months and ten days on full pay.
This article is general information and not a substitute for legal advice on your specific facts. The rules above apply to employees in Kuwait’s private sector; government and oil-sector employees are governed by other regulations. For advice on a leave dispute or a labour complaint, contact our office through the booking page or call +965 2220 4490.
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