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Sick Leave in Kuwait

Article 69 gives 75 days a year on a sliding scale — and none of it comes out of the annual balance.

Sick leave is the entitlement most often got wrong, in both directions. Employers deduct it from annual leave, which it is not; employees assume it is 75 days at full pay, which it is not either. Article 69 of Kuwait Labour Law No. 6 of 2010 sets out a single year’s allowance paid on a descending scale, and the scale is the whole point.

The allowance is 75 days per year in total: the first 15 at full pay, the next 10 at three-quarters, the next 10 at half, the next 10 at a quarter, and the final 30 unpaid. The tiers run in that order and reset each calendar year. An employee who takes 20 sick days in a year is paid fully for 15 of them and at three-quarters for the remaining 5 — not at some blended average, and not at full pay throughout.

A medical certificate from an approved physician is the condition. Without one the absence is not sick leave at all, and an employer may treat it as unauthorised — which is a different and far more serious category. In practice the certificate is what converts an absence into a protected entitlement, so it is worth being strict about collecting it at the time rather than reconstructing it later.

Sick leave is entirely separate from annual leave. It does not reduce the annual balance, it does not accrue, and it cannot be carried into the following year — unused sick days simply expire. This is the opposite of annual leave, which accrues per day served and can be accumulated. Treating the two as one pool is the most common and most expensive administrative error in this area.

One further consequence is easy to miss: because the later tiers are paid at a fraction, a long illness quietly reduces monthly pay without anyone changing the salary. If payroll is calculated from a fixed monthly figure rather than from what was actually earned, an employee on tier three is overpaid and the difference surfaces later — usually at final settlement, and usually as a dispute.

Key facts

  • First 15 daysFull pay
  • Next 10 daysThree-quarters pay
  • Next 10 daysHalf pay
  • Next 10 daysQuarter pay
  • Final 30 daysUnpaid
  • Total per year75 days, reset each calendar year

Worked example

An employee on 600 KWD a month takes 28 sick days in one calendar year, each certified. The first 15 are paid in full. The next 10 are paid at three-quarters. The final 3 fall into the half-pay tier. Against a daily rate of 600 ÷ 26 = 23.077 KWD: 15 × 23.077 = 346.15 at full, 10 × 17.308 = 173.08 at three-quarters, 3 × 11.538 = 34.62 at half. Total paid for the 28 days: 553.85 KWD, against 646.15 if every day had been at full pay. Their annual leave balance is untouched.

What people get wrong

  • Deducting sick days from the annual leave balance

    The two are separate entitlements under separate articles. Taking sick leave does not reduce annual leave, and an employee who has exhausted their annual balance is still entitled to their full sick allowance.

  • Paying all 75 days at full salary

    Only the first 15 days are at full pay. Paying the whole allowance in full is a voluntary improvement on the statute — perfectly lawful, but it should be a policy decision you know you have made, not an accident of payroll.

  • Carrying unused sick days into next year

    Sick leave does not accrue and does not carry over. The allowance resets each calendar year and unused days expire, unlike annual leave which accumulates.

  • Accepting the absence without a certificate

    The medical certificate is what makes it sick leave. Collect it at the time — reconstructing it months later, during a dispute, rarely works and is exactly when it matters most.

Frequently asked questions

How many sick days are employees entitled to in Kuwait?

Up to 75 days per calendar year under Article 69, paid on a descending scale: 15 days at full pay, then 10 at three-quarters, 10 at half, 10 at a quarter, and a final 30 unpaid. A medical certificate is required.

Does sick leave come out of annual leave?

No. They are separate entitlements. Sick leave never reduces the annual leave balance, and an employee with no annual leave left still has their full sick allowance.

Is sick leave paid at full salary?

Only the first 15 days. After that the rate steps down — three-quarters, then half, then a quarter, then unpaid. The tiers apply in order within the same calendar year.

Do unused sick days carry over to the next year?

No. The allowance resets each calendar year and unused days expire. Unlike annual leave, sick leave does not accrue and cannot be accumulated.

Is a medical certificate always required?

Yes — a certificate from an approved physician is the condition for the absence to count as sick leave. Without it the employer is not obliged to treat the day as sick leave at all.

Does sick leave affect end-of-service indemnity?

Paid sick leave is part of continuous service and counts towards indemnity. Only genuinely unpaid absence reduces the service used in the calculation — which is why the unpaid tier is worth tracking separately from the paid ones.

What happens after the 75 days are used?

The statutory allowance for that year is exhausted. What follows is a matter for the contract and for medical circumstances, and is the point at which it is worth taking advice rather than improvising a policy.

This guide is general information based on Kuwait Labor Law No. 6 of 2010. It is not legal advice — for specific cases, consult the Public Authority of Manpower or a legal professional.

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