Are You Letting Your Free 15 Days of Sick Leave Go to Waste?

14/07/2025

In Kuwait’s private sector, understanding your rights and responsibilities around sick leave is essential. Governed primarily by Law No. 6 of 2010, the law outlines not only how sick leave is granted and calculated, but also what happens when it goes unused. Here’s a complete guide for private-sector employees in Kuwait.

No Compensation for Unused Sick Leave

Employees should be aware that unused sick leave days do not carry over to the next year and cannot be encashed. If an employee doesn’t use their allotted sick leave within a given year, it simply expires. There is no provision in Kuwaiti labor law to accumulate sick leave or receive financial compensation for unused days.

Entitlement: 45 Days Per Year

Under Article 70 of Kuwait Labor Law, private-sector employees are entitled to 45 days of sick leave per year, with a tiered salary deduction structure as follows:

First 15 days: Full pay
Next 10 days: 75% of salary
Next 10 days: 50% of salary
Next 10 days: 25% of salary
Beyond 45 days: No pay

This structure aligns with the model used by Kuwait’s Civil Service Commission and is widely enforced across the private sector.

How to Apply for Sick Leave via the Sahel App in Minutes
Without a doctor's consultation, you can submit a sick leave. You can submit 3 sick leave requests within a month

Open your Sahel App
Choose Services > Ministry of Health > Medical Sick Leave
Request for Electronic Sick Leave
Choose Workplace (if your workplace doesn't appear choose Others)
Enter sick leave date
Your Mobile No will appear
Download your sick leave (Pdf format)
Submit your sickleave to your company

How to Apply for Sick Leave through Hospital/Clinic in the Private Sector

Taking sick leave involves more than just calling in sick. Employees must follow specific procedures to ensure their leave is valid and paid:

1. Seek Medical Attention

Visit an authorized Ministry of Health (MoH) hospital, clinic, or approved private facility. After evaluation, the doctor will issue a medical certificate that includes:

The diagnosis (may be general)
Duration of recommended rest
Doctor’s name and signature
Official stamp of the clinic or hospital

Some companies only accept sick notes issued by MoH-approved institutions, so it's crucial to confirm your employer's policy.

2. Notify Your Employer Immediately

Inform your employer on the first day of illness, preferably through email or text message. Documentation is essential to prove you reported the absence promptly.

3. Submit Your Medical Certificate

Send a scanned copy of the sick leave certificate to HR or your direct supervisor via official communication channels such as email. Ensure that this is completed within three working days, unless your company specifies otherwise.

4. Return to Work Promptly

Once your sick leave ends, return to work on the next scheduled working day. For extended leaves, HR may require a fitness-to-work note before resuming duties.

How Sick Leave Is Calculated

Sick leave is counted annually (based on either the calendar year or your service year, depending on company policy). Leave is deducted sequentially from your 45-day entitlement, starting with full-pay days and moving through the graded structure. It’s also important to note:

Public holidays and annual leave days do not count against your sick leave balance.
If you exceed the 45-day entitlement, subsequent sick days are unpaid unless otherwise approved.

Examples of Sick Leave Pay Calculation

Example 1: 20 Consecutive Sick Days

Days 1–15: Paid at 100%
Days 16–20: Paid at 75%

Example 2: 50 Sick Days in One Year

Days 1–15: 100%
Days 16–25: 75%
Days 26–35: 50%
Days 36–45: 25%
Days 46–50: Unpaid

After Sick Leave Ends

If you exceed the annual sick leave limit and continue to be absent, your employer may:

Consider the excess days as unpaid leave
Initiate disciplinary procedures, which could include termination

For government-sector employees, the law (Law No. 18 of 1960) is more generous:

30 days with full pay
15 days with ¾ pay
15 days with ½ pay
15 days with ¼ pay
30 days with no pay
In special cases, these may be doubled based on medical reports
If the employee remains unfit after all leave, termination with full severance may follow

Sick leave is a legal right—but also a regulated process

For more legal queries, visit our legal section. For new queries, email us at [email protected]