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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hello, A Resident of Kuwait, recently underwent...

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Hello, A Resident of Kuwait, recently underwent heart surgery. Due to this he/she took time off from work. The allocated paid sick leave was provided and any days off after that were unpaid. Now, the said person, after the surgery, filled for state insurance & disability claim, by them selves, the claim was granted. The employer is now asking to take out the sick leave out of this insurance for themselves is it allowed?

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الرد من العميل

What does the law say about this.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Kuwait labor Law, for the emergency leave, the law didn’t mention that but it stated about the leaves that granted to the worker as below articles state:
Article (69)
Subject to the provisions of Article (24) of this Law, the worker shall be entitled to the following sick leaves during the year:
– 15 days – at full pay
– 10 days – at three quarters of the pay
– 10 days – at half pay
– 10 days – at quarter pay
– 30 days without pay.
The worker shall provide a medical report from the doctor appointed by the employer or the doctor of the government medical center. In the event of conflict regarding the necessity of a sick leave or its duration, the report of the government doctor shall be adopted.
Incurable diseases shall be excluded pursuant to a resolution issued by the competent minister, in which he shall specify the types of incurable diseases.
Section Three – Paid Annual Leaves
Article (70)
The worker shall be entitled to a 30-day paid annual leave. However, the worker shall not be entitled to a leave for the first year of work except after at least 9 months of service for the employer. Official holidays and sick leaves during the year shall not be counted as annual leave. The worker shall be entitled to a leave for the fractions year in proportion with the period he spent in actual service, even the first year of service.
Article (71)
The worker shall be paid for his annual leave before taking such leave.
Article (72)
The employer shall have the right to determine the date of the annual leave and divide such leave after the first 14 days thereof, with the consent of the worker.
The worker shall have the right to accumulate his leave entitlements provided that they do not exceed two years and he shall be entitled to take his accumulated leave all at once subject to the approval of the employer.
Article (73)
Without prejudice to the provisions of Articles 70 and 71, the worker shall be entitled to a cash consideration for all his accumulated annual leaves upon the expiry of his contract.
Therefore, you can get the emergency leave only by amiably with the employer, if he refused then you can’t get it, but you will get the leaves you deserve according to the law to avoid any problems with Immigration Department when you travel.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.

الرد من العميل

I am not asking about sick leave, I would like to know if the employee has the right to “claim” someone the money, the said party was granted by the ministry of social affairs.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

According to the law pertaining to work in the State of Kuwait, insurance is the right of the person requesting treatment for his health condition, and any claims to bring out insurance in favor of the company is contrary to the law and it is possible for him to file a complaint then to the office of the workforce agency and explain the matter in detail, in addition to the fact that sick leave is paid in accordance with what was explained previously in the texts of the law in the previous answer

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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