Kuwait Labor Law Private Sector Section 3

Female Employees

A female employee assigned to work a man’s job must be given equal compensation. Female employees have the same standard working hours as male employees but they are not allowed to work between 7pm to 6am. However female employees working for clinics, pharmacies, hotels, nursery schools, homes for the handicapped, airlines, tourist offices, theaters, and entertainment industries are allowed to work beyond the standard working hours. Female workers working in cooperative societies, public utilities, beauty salons, tailoring shops, banks and offices may work during night time but only until midnight. MSA&L may extend night-time working hours during Ramadan, on Eids, and public holidays. Transportation must be arranged by the employers for female employees working at night.

Maternity Leave

A pregnant woman is privileged to have a maximum of 30 days maternity leave before the date of delivery and 40 days after delivery. A pregnant woman can also be absent from work up to 100 days, consecutive or not, after the maternity leave but without pay. A medical certificate stating that the person is not yet fit to work needs to be presented as basis for the additional absences incurred after the maternity leave. This maternity leave will be forfeited on day-per-day basis until her annual leave are all taken.

Maternity Leave

An expecting mother is allowed to take a paid leave, lasting 70 days, provided, her due date for delivery falls within that period. New mothers can also apply for unpaid leave of upto four months. The law prohibits employers from terminating the contracts of female workers during this period, or if they are sick due to associated issues during delivery. Once the new mother gets back to work, she is granted 2 hours break from normal work hours to nurse her baby.

Employers who have 50 women or 200 men working in their establishments are required to set up a day care centre for children below four years of age.

Maternity Leave in Kuwait: A Guide.

Kuwait Labor Law stipulates the privileges for working pregnant women. Did you know that expectant mothers in the state, both local and expatriate, who work in the private sector are granted a total of 70 days for maternity leave by law? Provided the woman gives birth within this period.

It states, "a pregnant woman is privileged to have a maxiumum of 30 days maternirty leave before the date of delivery and 40 days after delivery.

"A pregnant woman can also be absent from work up to 100 days, consecutive or not, after the maternity leave but without pay. A medical certificate stating that the person is not yet fit to work needs to be presented as basis for the additional absences incurred after the maternity leave. This maternity leave will be forfeited on day-per-day basis until her annual leave are all taken."

Employers should not terminate the service of a woman while she is on maternity leave or sick due to pregnancy or delivery, on the condition that she presents a medical report in this regard.

Article (24)

A pregnant working woman shall be entitled to a paid maternity leave of 70 days, not included in her other leaves, provided that she gives birth within this period.

After the end of the maternity leave, the employer may give the working woman, at her request, an unpaid leave for a period not exceeding four months to take care of the baby.

The employer may not terminate the services of a working woman while she is on such leave or during her absence from work because of a sickness that is proved by a medical certificate that states that the sickness resulted from pregnancy or giving birth.

GUST Faculty Maternity Leave Policy

I. Policy

With reference to the period after the maternity leave, if the return date from a maternity leave for a female faculty member is in the middle of the academic semester period, several options are available at GUST as follows:

i. The female faculty member can work in an admin-support role in the college during the semester (minimum 5 hours per day – 5 days a week). This requires HOD’s and Dean’s approval.

ii. The female faculty member can take a paid leave till the end of the semester, with the obligation to compensate this leave by taking 1 course overload without pay.

iii. The female faculty member can extend her unpaid leave till the end of the semester, maintaining her benefits continuation (e.g. summer payments, annual tickets, seniority, etc.).

No faculty member is entitled for maternity work-hours reduction, as all GUST faculty members are already on reduced hours duty (12 to 15 hours/week).

II. Application

This policy shall apply to all female faculty members at GUST.

Students Maternity Leave Policy

Allowed hours cover all types of absences including sick leaves, hospital admissions, car traffic accidents, dental/imaging appointments, or being late to class.

Excused absences are those with approved medical reports for hospital admission, maternity leave, sports leave or death of first-degree relatives. This means the student is allowed make up any missed assessments and submit any delayed work but absence days are not removed as they were physically not in class. Documentation must be provided to the OSC advisor so faculty are notified.

Absences are removed only in the following cases: 3 days mourning for the death of a first-degree relative,

2 weeks for sports leaves representing Kuwait or GUST, and 2 weeks for maternity leave.

Failure Due to Absences

Allowed hours cover all types of absences including sick leaves, hospital admissions, car traffic accidents, dental/imaging appointments, or being late to class.

Excused absences are those with approved medical reports for hospital admission, maternity leave, sports leave or death of first-degree relatives. This means the student is allowed make up any missed assessments and submit any delayed work but absence days are not removed as they were physically not in class. Documentation must be provided to the OSC advisor so faculty are notified.

Absences are removed only in the following cases: 3 days mourning for the death of a first-degree relative,

2 weeks for sports leaves representing Kuwait or GUST, and 2 weeks for maternity leave.

In order to receive her unborn child and recover from childbirth, a pregnant worker is entitled to an unpaid maternity leave of 18 continuous weeks. Only the biological mother is entitled to maternity leave. During her leave, her employment relationship is protected.

The leave may start from the 16th week before the expected delivery date and end no later than 20 weeks after the delivery week, if the leave starts at the time of delivery, the week of delivery is not included in the calculation.

If delivery occurs after the due date, the worker is entitled to at least 2 weeks of maternity leave after delivery, even if she has already used her 18 weeks.

Employed policy

GUST HR Policies and Procedures:

1.Workmen Compensation

• Employees will be enrolled under workers’ compensation insurance plan upon joining

• Employees are covered for job-related injuries/diseases.

• Coverage is provided during working hours including the travel from place of residence to work and vice versa.

• Compensation amount for job-related injuries/diseases are set per the Kuwait Labor Law and/or insurance policy.

• Some restrictions may be applied, refer to the current Workmen Compensation Policy

2.Health Insurance

• GUST Employees are eligible for Group Health Insurance Plan coverage

• Employees will incur part of the treatment cost in line with the agreed Insurance Plan terms and conditions

• If the employee is entitled for health insurance coverage for spouse and children, then they must be resident in Kuwait to be enrolled in the health insurance plan.