18/10/2025
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18/10/2025
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A growing number of employees in Kuwait have raised concerns over how some companies calculate annual leave entitlements, particularly when paid vacation is involved. Under Kuwait’s Labour Law, workers are guaranteed 30 days of paid annual leave each year, with accrual continuing even during periods of paid absence. However, certain employers appear to pause or reduce leave accumulation once an employee takes time off — a practice that contradicts the law and effectively limits workers’ full entitlement.
Question:
Dear Arab Times, I hope this message finds you well. I am writing to seek guidance regarding my annual leave rights under the Kuwaiti labour law.
Since I started working at my current company, I have noticed that every time I take a paid vacation, my leave counter appears to stop accumulating. As a result, it has been impossible for me to reach the full 30 days of annual leave entitlement per year, despite having worked the entire year.
I understand that, according to the Kuwait Labour Law (Article 70), accrued leave should continue to accumulate during paid vacation periods, and taking vacation should not reduce my entitlement to future leave. However, my employer’s practice seems to contradict this, and I would like to know:
Is it lawful for an employer in Kuwait to suspend vacation accrual during paid leave?
What steps can I take to ensure my full annual leave entitlement is respected?
I would greatly appreciate any guidance or advice on how to address this situation in accordance with the Kuwaiti labour law.
Since __ March 2022, I have only had 84 days of annual paid leave.
Thank you very much for your time and assistance.
Answer:
You’ve raised an important and very valid concern — and you’re right to question it. Let’s go through this step by step in the context of the Kuwait Labour Law (Law No. 6 of 2010) and its application.
1. What the law says — Article 70 of the Kuwait Labour Law
Article 70 clearly provides:
“The worker shall be entitled to a paid annual leave of not less than 30 days after at least one year of service. Official holidays and sick leaves falling within the annual leave period are considered part of the leave.”
- The law guarantees 30 days of paid annual leave per year of service.
- Leave entitlement accrues with service — meaning as long as you are employed and receiving your salary (even during paid leave), your service continues and so does your entitlement.
- The law does not allow employers to suspend or freeze leave accrual while you are on paid leave.
So, yes — your understanding is correct. An employer cannot lawfully stop annual leave accrual during periods of paid leave.
2. Is your employer’s practice lawful?
No — based on your description, your employer’s practice is not compliant with the Kuwait Labour Law.
If your annual leave “counter” stops accumulating during your paid vacation, it effectively reduces your statutory 30-day entitlement per year, which is not allowed under Article 70.
Your leave continues to accumulate as long as your employment contract is active and you are on paid status.
3. What you can do (recommended steps)
Step 1: Document your records
Gather your:
- Employment contract
- Payslips or HR statements showing leave balance
- Records of leave applications and approvals
- Any correspondence showing the company’s policy or system that pauses accrual during paid leave
- This documentation will help you prove the pattern and the period affected (from March __, 2022, as you mentioned).
Step 2: Formally raise the issue internally
- Write a formal but polite email or letter to your HR or management.
You can say something like:
“Based on Article 70 of the Kuwait Labour Law, annual leave entitlement continues to accrue during paid vacation. However, I’ve noticed my leave balance stops accumulating while I’m on paid leave. I kindly request clarification and adjustment to ensure compliance with the law.”
This allows HR to correct the issue internally before escalation.
Step 3: If unresolved, file a complaint
If HR does not correct it, you can file a complaint with the:
Public Authority for Manpower (PAM) — specifically the Labour Relations Department in your governorate.
You can do this by:
- Visiting a Labour Office in person
- Bring your civil ID, contract, salary slips, and leave records
- Explaining that your annual leave accrual has been unlawfully suspended during paid leave periods
- The PAM officer will typically summon your employer for a reconciliation meeting.
- If the issue is confirmed, the employer may be directed to credit your missing leave or compensate you financially.
4. In your case
Since you have worked from March __ 2022, and have only received 84 days of paid annual leave, that’s about 28 days per year — less than your legal entitlement of 30 days per year.
This suggests your employer’s system is indeed shorting you by 2 days per year, or possibly more if accrual was stopped during longer leaves.
Visit our legal section for answered queries. If you have new queries, email [email protected]
