I am working in the HR Department of a company. Please let me have the clarification for Article 77 of Kuwait Labor Law so that we can follow it as a procedure in our company. We are asking this for the following reason: One of our employees is on annual leave and during this annual leave his uncle has died. Our employee has sent a message to the company requesting it to add 3 days leave to his leave balance When he is already on leave, is he entitled to 3 days additional mourning leave as per the above article?
Answer: The Kuwait Law does not specifically address this issue but there is a guideline for such situations.
According to the Ministry of Social Affairs and Labor’s Legal Department, if such an event takes place during the leave when the employee has already started his leave (even if he has already used up even one day of leave) or this leave has not ended( even if one day is left), then the employee can’t claim additional leave.
On the other hand, if such an event falls at the start or the end of the leave, even if the days overlap, then the employee must either be given three additional days leave or three days must be added to his annual leave balance. Please also remember that the Ministry of Social Affairs Legal Department can always be approached if you have any queries not addressed by the Kuwait Labor Law.