For a woman working in Kuwait’s private sector, pregnancy raises practical questions long before the birth: how many days of leave will she get, will she be paid, can her employer dismiss her, and what happens when she returns to work with a newborn? The answers are in the Labour Law in the Private Sector (Law No. 6 of 2010), which gives working women specific protections on maternity leave, nursing time, nurseries, equal pay and the kinds of work they may be asked to do. This guide explains those rules, how they work in practice, and what to do if an employer ignores them.
Paid maternity leave: 70 days
Article 24 of the Labour Law entitles a pregnant working woman to paid leave of seventy days for childbirth, on condition that the birth takes place within that period. Three points follow from the wording of the article:
- The leave is paid. The employee receives her wage during the seventy days.
- It is separate from other leave. The law says it is not counted against her other leave entitlements, so her annual leave and sick leave stay intact. You can read how those work in our guide to annual and sick leave in the private sector.
- The birth must fall within the leave. The law ties the seventy days to childbirth occurring during that period, so the leave is planned around the expected date of delivery, normally on the basis of a medical report.
Employees should give the employer written notice with a medical certificate showing the expected date of delivery, and keep a copy. If the employer disputes the dates, the medical report is the main piece of evidence.
Unpaid leave for childcare
After the seventy days, the employer may, at the employee’s request, grant her leave without pay for a period not exceeding four months to care for the child. The wording of Article 24 makes this discretionary for the employer: it is something an employee can ask for, not an automatic right. It is worth making the request in writing before the paid leave ends, with the dates you propose, so that the employer’s answer is recorded and the return date is clear to both sides.
No dismissal during maternity leave or pregnancy illness
The same article protects the employee against dismissal. The employer may not end her service while she is on the maternity leave or the childcare leave, nor while she is absent because of an illness that a medical certificate shows to be the result of pregnancy or childbirth. A termination notice delivered during these periods is open to challenge before the labour court, and the employee should keep the notice, the medical certificate and the dates of her leave.
These protections sit alongside the general rule against dismissing a worker without justification or because of sex, which is explained in our article on the notice period and termination of employment. An employer cannot rely on a notice period to disguise a dismissal that is really linked to pregnancy.
Nursing time and workplace nurseries
Article 25 gives the working mother two hours for nursing during working hours, under the conditions and arrangements set by a decision of the competent ministry. In practice, the two hours are used at the start or end of the working day, or split during it, according to those rules and the nature of the job. The article also requires employers to set up a nursery for children under four years old at workplaces where the number of female employees exceeds fifty, or where the total number of employees exceeds two hundred.
Small employers are therefore not required to run a nursery, but many large companies in Kuwait are. A mother who works for a company that meets the thresholds can raise the nursery obligation with HR, and later with the labour department of the ministry if it is ignored.
Equal pay and restrictions on certain work
Two other provisions matter for women at work. Article 26 states that a woman is entitled to the same wage as a man if she does the same work. And Article 23 prohibits employing women in dangerous, arduous or health-harming work, in work harmful to morals that exploits femininity contrary to public decency, and in establishments that provide services to men only. The list of prohibited jobs and establishments is fixed by a ministerial decision after consultation with the labour advisory committee, so employers should check the current decision before assigning a pregnant employee to physically demanding duties.
Leave after a husband’s death
The Labour Law also covers a different kind of family leave. Under Article 77, a working Muslim woman whose husband dies is entitled to full-pay leave of four months and ten days from the date of death, during which she may not work for anyone else, and a non-Muslim woman is entitled to twenty-one days with pay. The conditions for granting this leave are regulated by a ministerial decision.
Working hours, overtime and pregnancy
A pregnant employee remains subject to the same working-hour and overtime rules as other workers, subject to any medical restrictions. Our guide to overtime pay and working hours explains the daily limits, the overtime rate, and how an employee can prove extra work. If a doctor advises lighter duties or reduced hours, put the recommendation in writing and ask HR to confirm the change.
What to do if your rights are ignored
- Raise it in writing. Send HR an email or letter referring to the leave, the nursing time or the nursery, and ask for a written reply.
- Keep the evidence. Medical reports, leave requests, termination notices, wage slips and messages with your manager.
- Complain to the labour department. The Public Authority for Manpower handles labour complaints and can call both sides to a settlement session.
- Go to the labour court. If no settlement is reached, the dispute is filed with the labour court, which can award unpaid wages and compensation where a dismissal is found unjustified.
For the wider picture of rights and duties under the law, see our overview of Kuwaiti labour law.
Frequently Asked Questions
Is maternity leave in Kuwait paid?
Yes. The seventy days of leave for childbirth under Article 24 of the Labour Law are paid, and they are not deducted from the employee’s other leave.
Can my employer terminate me while I am pregnant?
The Labour Law bars termination during maternity leave, during the unpaid childcare leave, and during absence caused by pregnancy- or childbirth-related illness confirmed by a medical certificate. A dismissal in those periods can be challenged.
Can I take extra leave after the seventy days?
You may ask your employer for unpaid leave of up to four months to care for the child. The employer may grant it, but is not obliged to do so under the wording of the article.
Does every employer have to run a nursery?
No. The nursery duty applies to workplaces with more than fifty female employees, or more than two hundred employees in total, and covers children under four years old.
This article is general information and not a substitute for legal advice on your specific facts. The rules above apply to employees in the private sector; government and oil-sector employees are governed by other regulations. If you want advice on maternity rights, a dismissal or a labour complaint, contact our office through the booking page or call +965 2220 4490.
Need Legal Advice?
Contact Attorney Meshari Al-Enezi — over 10 years of experience in Kuwaiti courts