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I am an HR and I have 2 doubts:
1. If an employee who has not taken sick leave all year is out of Kuwait and is hospitalized for 9 days for a sickness and has the hospital papers and reports to prove it, is she/he eligible to claim for sick leave?
2. In case of termination with immediate effect the leave balance and indemnity is calculated till last working day or till end of the 3 months notice period? Example: If employee’s date of joining is March 1, 2014 and the last working day is Aug 26, 2017 and the notice period ends on Nov 25, 2017, all the end of service benefits will be calculated from March 1, 2014 to Aug 26, 2017 or from March 1, 2014 to Nov 25, 2017? Please give to me your valuable advice.
Answer: Under Kuwait Labor Law if your absent yourself from work without permission for seven consecutive days, you will be deemed to have resigned from your job. With this in mind if you are hospitalized for more days while you are on holidays and hence miss work for 9 days, the best thing you can do with your hospital papers and report is to fight against the triggering of the seven-day absence rule as spelt out in the Labor Law. However to move beyond this and also want to claim your nine-day absence as sick leave will tantamount to biting more than you can chew. We will therefore not advise you to go on that tangent. On the second issue, if the services of an employee are terminated his leave balance and indemnity will be calculated till end of the three-month mandatory period. In the example you gave it will be March 1, 2014 to Nov 25, 2017.