Kuwait sick leave is a graduated scale that reduces the employee’s pay as the absence extends. The scale runs for 90 days across four tiers — full pay, three-quarters pay, half pay, and zero pay — and resets each year. The employer pays the entire amount directly; there is no separate state sickness fund reimbursing the employer for Kuwaiti employees in the private sector.
This guide covers Kuwait sick leave in 2026: the four-tier graduated scale, the 90-day annual entitlement, the 15-day waiting period for new employees, the social security coordination, and the termination protections that apply during the graduated scale.
Key takeaways
- Kuwait sick leave is 90 days per year, structured in four tiers: 14 days full pay, 14 days three-quarters pay, 14 days half pay, and 48 days unpaid (articles 53–54, Kuwait Labour Law No. 6 of 2010).
- The employee must have completed three months of continuous service before qualifying for paid sick leave.
- The 90-day entitlement resets each calendar year, not per illness episode.
- Social security contributions continue during paid sick leave; the employer may recover partial costs from the Public Institution for Social Security (PIFSS) for Kuwaiti employees.
- An employer cannot terminate an employee during sick leave except for serious misconduct.
The graduated sick pay scale
Kuwait’s sick-leave structure is one of the most distinctive in the GCC. Under article 54 of the Labour Law No. 6 of 2010, the 90-day entitlement is divided into four tiers:
| Tier | Duration | Pay rate |
|---|---|---|
| First tier | 14 days | Full salary |
| Second tier | 14 days | 75% of salary |
| Third tier | 14 days | 50% of salary |
| Fourth tier | 48 days | Unpaid |
| Total | 90 days | Graduated |
The tiers are sequential and compulsory. The employee cannot choose to skip tiers or rearrange the order. The progression is automatic: full pay for 14 days, 75% for 14 days, 50% for 14 days, and unpaid for 48 days.
The 90-day entitlement resets each calendar year (1 January to 31 December). If the employee uses 30 days in December and falls ill again in January, a fresh 90-day entitlement begins on 1 January.
The three-month waiting period
Under article 53, the employee must have completed three months of continuous service before becoming entitled to paid sick leave. During the first three months, any absence due to illness is unpaid unless the employment contract provides otherwise.
The three-month period is measured from the date the employee commenced work. The probation period does not interrupt this count.
Social security coordination
Kuwait’s social security system — the Public Institution for Social Security (PIFSS) — interacts with sick leave differently for Kuwaiti and non-Kuwaiti employees:
Kuwaiti employees
For Kuwaiti employees, the employer continues to make social insurance contributions during the paid portion of the sick leave. The PIFSS may reimburse the employer for a portion of the salary paid during sick leave, depending on the employee’s contribution history and the applicable PIFSS rules.
Non-Kuwaiti employees
For non-Kuwaiti employees, there is no PIFSS reimbursement. The employer bears the full cost of the paid sick-leave tiers (the first 42 days at varying rates) and receives no government compensation.
This distinction is significant for employers with mixed workforces. The cost of a Kuwaiti employee’s sick leave is partially offset by PIFSS; the cost of a non-Kuwaiti employee’s sick leave is entirely the employer’s.
Medical certificate requirements
The employee must provide a medical certificate from a registered medical practitioner to qualify for sick leave. The certificate must state:
- The dates of incapacity (start and end).
- That the employee is unable to perform their duties.
- The name and registration number of the issuing practitioner.
The employer may require the certificate to be issued by a medical practitioner approved by the Ministry of Health or the employer’s designated clinic. The employee should deliver the certificate within 24 hours of the start of the absence, though some employers allow up to 48 hours.
A certificate issued by a practitioner outside Kuwait may be accepted at the employer’s discretion, but the employer is not legally required to accept it.
Termination during sick leave
An employer cannot terminate an employee during the 90-day sick-leave period except for serious misconduct under article 60 of the Labour Law. The employer must wait until the sick leave expires before initiating termination.
If the employee exhausts the 90 days and cannot return to work, the employer may terminate the contract, but must follow the procedure in articles 56–57 — which requires notice, payment of end-of-service benefits, and compliance with the notice period.
Employer obligations
Kuwaiti employers have five core obligations:
- Apply the graduated scale in the correct order — full, three-quarters, half, unpaid — for each qualifying absence.
- Apply the three-month waiting period for new employees before sick-leave entitlement begins.
- Continue social insurance contributions during the paid portion of the sick leave for Kuwaiti employees.
- Respect the termination protections during the 90-day sick-leave period.
- Maintain records of all sick-leave absences for PIFSS audit and labour inspection purposes.
Common pitfalls
1. Misunderstanding the annual reset
The 90-day entitlement resets on 1 January each year, not per illness episode. An employee who exhausts 90 days in March and falls ill again in June receives no paid sick leave for the second absence — the 90-day annual quota is already spent.
2. Applying the graduated scale to work injuries
Work-related injuries are governed by a separate compensation regime. The graduated scale applies only to ordinary illness.
3. Not tracking the tier transitions
The transition from full pay to three-quarters to half pay must be tracked in payroll. Miscalculating the tiers — for example, paying full salary for 28 days instead of 14 — is a cost error that compounds across the workforce.
4. Terminating during sick leave
The prohibition is absolute. An employer who terminates an employee during the 90-day sick-leave period without a serious-misconduct basis faces a wrongful dismissal claim.
For more context, see our guide to types of leave, the overview of absence management, and our guide to GCC leave laws.
Frequently asked questions
How many sick days can an employee take in Kuwait?
An employee is entitled to 90 days of sick leave per calendar year, structured as 14 days full pay, 14 days three-quarters pay, 14 days half pay, and 48 days unpaid. The employee must have completed three months of continuous service to qualify.
What happens after 90 days of sick leave?
If the employee cannot return to work after 90 days, the employer may terminate the contract following the procedure in articles 56–57 of the Labour Law. The employee is entitled to end-of-service benefits.
Does sick leave reset each year in Kuwait?
Yes. The 90-day entitlement resets on 1 January each year. Unused days do not carry forward.
Does social security cover sick leave in Kuwait?
For Kuwaiti employees, the PIFSS may reimburse the employer for a portion of the salary paid during sick leave. For non-Kuwaiti employees, there is no reimbursement.
Can the employer refuse a medical certificate from outside Kuwait?
Yes. The employer is not legally required to accept a certificate issued by a practitioner outside Kuwait, though some employers do so at their discretion.
Putting it into practice
Five steps cover most Kuwait sick leave compliance:
- Build the graduated scale (14-14-14-48) into payroll so the tier transitions are automatic.
- Track the 90-day annual entitlement per employee, resetting on 1 January each year.
- Separate the sick-leave cost for Kuwaiti and non-Kuwaiti employees to manage PIFSS reimbursement claims.
- Set a 24-hour medical certificate delivery deadline in the sick-leave policy.
- Flag the 90-day sick-leave window on the employee record to prevent premature terminations.
A leave management system that applies the graduated sick pay scale automatically, tracks the 90-day annual entitlement, and separates Kuwaiti and non-Kuwaiti social security coordination keeps Kuwaiti compliance straightforward.
Sources
- Kuwait Labour Law No. 6 of 2010, articles 53–54 (primary source)
- Public Institution for Social Security (PIFSS)
- Ministry of Social Affairs and Labour
Last updated: 26 July 2026. This article is general information, not legal advice. Kuwait labour law and PIFSS rules change — confirm current entitlements with the Ministry of Social Affairs and Labour.