I have been working in a private company for the past 2 years. In this 2 years I have taken one time annual leave with pay and one month emergency leave (due to wife health problem) without pay (loss of pay and self paid return ticket).
Now my company is denying me my annual leave for the 2nd year, HR & Amin Dept is saying that as per the law (Kuwait) you are not eligible to leave, as you have availed your leave in emergency.
Hence you can not get annual leave this year, the emergency leave which you have taken, this has been deducted from annual leave.
Please advice me in this regard, what is as per Kuwait Law regarding emergency leave, will it be deducted from annual leave if emergency leave taken in middle.
Answer: Under Kuwait Labour Law there is nothing like emergency leave, but which unfortunately is wrongly bandied about by many employees.
Indeed what is mentioned in the labour law is compassionate leave which is normally granted to an employee when he/she loses a close relative.
The number of days a worker will enjoy under this provision of the law depend on the degree of closeness to the deceased relative — whether a father, mother, wife, husband, child or other.
Your company is therefore right in considering the so-called emergency leave you took as part of your annual leave.
That being so, you are also entitled to demand that the company pay you for the number of days they are considering as part of your annual leave.
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