Saudi Labour Law: Navigating Private Sector Leave Policies

The Saudi Labour Law plays a vital role in governing the employer-employee relationship, ensuring a harmonious and fair work environment for all. Among the various aspects covered by the law, leave policies hold significant importance as they guarantee that employees have ample time away from work to rejuvenate and maintain a healthy work-life balance.

In this blog post, we will delve into the various types of leaves specified under Saudi Labour Law, offering insights into the rights and entitlements of employees in the private sector. So, read on to equip yourself with the knowledge you need to make informed decisions regarding your well-deserved time off from work in Saudi Arabia.

Article 109 – Understanding Labour Law For Annual Leave In Saudi Arabia

Article 109 of Saudi Labour Law covers annual leave entitlements, a vital aspect of the labour law for annual leave in Saudi Arabia. Workers are entitled to a prepaid annual leave of a minimum of 21 days. After serving an employer for five consecutive years, this leave period increases to a minimum of 30 days. It's essential for workers to utilize their annual leave within the designated year, as they cannot forgo it or receive cash in lieu during their employment.

Employers have the flexibility to schedule leave dates according to work requirements or on a rotational basis to ensure smooth work progress. They must notify workers of their leave dates at least 30 days in advance. 

Under the labour law for annual leave in Saudi Arabia, this leave can be taken all at once or divided into two periods, with employers having the authority to determine when it should be taken. When considering leave calculation as per Saudi Labour Law, it's essential to keep these provisions in mind and understand your annual leave entitlement accordingly.

Article 112 of Saudi Labour Law National Holiday Leaves – Celebrating Saudi Arabia's Rich Heritage

Saudi Arabia celebrates four national holidays each year, amounting to a total of 10 days off from work. These holidays include National Day, Founding Day, Eid Al-Fitr, and Eid Al-Adha.

To gain a deeper understanding of these celebrations and the rules governing days off for the private sector, we invite you to check out our blog post on the List Of Private Sector Holidays In Saudi Arabia.

Article 117 Of Saudi Labour Law – Understanding Sick Leave Entitlements 

Under Saudi Labour Law, employees suffering from a verified illness are granted paid sick leave for the first 30 days, followed by three-quarters of their wage for the next 60 days. Should the leave persist, no payment will be provided for the subsequent 30 days within a single year. This rule applies whether the leave is taken continuously or intermittently, with the single year commencing from the first sick leave date.

Articles 151 & 113 Of Saudi Labour Law – Marriage, Maternity & Paternity Leave Explained

Employees in Saudi Arabia are entitled to various types of leave for personal milestones and family commitments:

1. Marriage Leave: Workers are granted a five-day leave with full pay upon getting married.
2.  Maternity Leave as per Saudi labour law: Female workers in Saudi Arabia can avail themselves of 70 days of paid maternity leave, with the option to extend the leave by up to five weeks if necessary. Employers may require proof of pregnancy, such as a medical certificate, to validate eligibility for this leave.
3. Paternity Leave as per Saudi labour law: Male workers in Saudi Arabia are also entitled to paid paternity leave, which is provided for a duration of 3 days during the first week after the birth of their child.

Article 113 Of Saudi Labour Law – Navigating Death Leave Entitlements 

In the unfortunate event of the death of an ascendant or descendant, workers in Saudi Arabia are entitled to a five-day leave with full pay. The provisions for death leave differ for spouses. In the case of a spouse's death: 

· Male workers are granted a five-day leave.

· Muslim female workers receive a fully paid leave of four months and ten days from the date of their husband's death. If pregnant, the leave can be extended until the birth of the child, although any remaining Husband's Death Leave (EDDAH) becomes unpaid after the birth.

· Non-Muslim female workers are entitled to a fifteen-day fully paid leave upon their husband's death.

In all cases, female workers are not allowed to work for others during the paid leave period. Employers should request supporting documentation for all the scenarios mentioned above.

Article 114 Of Saudi Labour Law – The Once-in-a-Lifetime Hajj Leave

Eligible workers are entitled to a paid Hajj leave of 10 to 15 days, inclusive of the Eid Al-Adha holiday, to perform the Hajj pilgrimage only once during their employment, provided they have not done so before. Workers must have been continuously working with the same employer for two years or more to qualify for this leave. Employers determine the number of workers eligible for Hajj leave annually based on work requirements.

Article 115 Of Saudi Labour Law – Balancing Education & Work With Examination Leave

Workers enrolled in an educational institution with their employer's approval are entitled to paid leave for examination days during an unrepeated academic year. For a repeated year, the leave will be unpaid. 

Workers who have not received their employer's approval for enrollment are still entitled to examination leave based on the actual number of examination days. This leave will either be deducted from their annual leave or considered unpaid leave if no annual leave is available.

Article 116 Of Saudi Labour Law – Understanding Unpaid Leave

Upon their employer's approval, workers may request unpaid leave for a mutually agreed-upon period. Any leave exceeding 20 days will result in the suspension of the employment contract unless both parties agree otherwise. This provision ensures clear communication and transparency between the worker and the employer.

General Rules:

Article 118 Of Saudi Labour Law – Employment Exclusivity During Leave

  According to Saudi Labour Law, workers are prohibited from working for any other employer while on leave. If an employer provides evidence that a worker has violated this rule, the employer may either withhold wages for the duration of the leave or recover any wages already paid during that period.

Article 111 Of Saudi Labour Law – Compensation For Unused Leave

In cases where a worker leaves their job without utilizing their accrued leave, they are entitled to receive payment for those unused days. This compensation applies to the entire period of work for which the leave was not taken. Additionally, the worker is entitled to receive leave pay for the portions of the year they worked, proportional to the amount of time spent on the job.

Ensure 100% Compliance With TASC!

As you can see, The Saudi labour law on leaves offers a detailed and comprehensive set of guidelines concerning leave policies. To ensure you make the most of your entitlements as an employee, it is essential to become familiar with these provisions.

Looking for a partner to help you navigate labour laws in Saudi Arabia while taking care of your HR needs? Look no further than TASC KSA. 

TASC KSA's team of experienced professionals has over 15 years of recruitment experience, both locally and globally. We stay up-to-date on the latest shifts in Saudi labour law so you don't have to, making compliance a breeze.

With TASC on your side, you can focus on what really matters: running a successful operation in KSA. Contact us today to learn more about our HR outsourcing and recruitment services.

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