COMPANY POLICY

HUMAN RESOURCES
Section:
Index Ref:
Absence & Leave
3/HRD/1005



Date:
Revision:
Page:
5 Dec 2013
C
1 of 10

Absence & Leave


1. Aims and Objectives

The Company aims to be a fair employer. To achieve this we have positive policies and
procedures to make sure that our managers and employees understand and carry out
what is expected of them.

The aim of the Absence and Leave Policy and supporting documentation is to identify
and record absence from work, some absence requests may fall outside the scope of
usual requests such as holiday and sickness. By the very nature of some requests,
some are usually at short notice and of short duration.

In addition, the policy and procedure is also in place to detail the process for booking
and taking leave ensuring that all requests are appropriately authorised and logged with
Human Resources so that central and on-site records are maintained and kept accurate
at all times.

Paid leave situations are detailed below:

Public Holidays
Sickness Absence
Annual Vacations
Academic Leave
Hajj leave
Conferences, Annual Gatherings and Labour meetings
In the event of first and Second degree relatives death
Maternity Leave


The various forms of leave are categorised below.






















COMPANY POLICY
HUMAN RESOURCES
Section:
Index Ref:
Absence & Leave
3/HRD/1005



Date:
Revision:
Page:
5 Dec 2013
C
2 of 10

2. Policy

2.1. Public Holidays

An employee also has the right to 13 public holidays per year with full pay, for the below
mentioned list:

a) Hegira New Year: 1 day
b) Isra and Miraj day: 1 day
c) Eid Al-Fitr: 3 days
d) Waqfat Arafat: 1 day
e) Eid Al-adha: 3 days
f) Prophets Birthday (Al-Mawlid Al-Nabawi): 1 day
g) National Day: 1 day
h) Liberation Day: 1 day
i) Gregorian New Year: 1 day

The Company recognises all statutory and private sector public holidays. However, the
employee may be required to work on public holidays if the terms of the contract we
have with a client requires this. If the employee works on a recognised public holiday,
the employee should be paid overtime at the specified rate in addition to their normal
hourly rate and an additional day off (where applicable) in line with the labour law.



COMPANY POLICY
HUMAN RESOURCES
Section:
Index Ref:
Absence & Leave
3/HRD/1005



Date:
Revision:
Page:
5 Dec 2013
C
3 of 10

2.2. Sick Leave

The Companys policy on sickness absence is designed to achieve the twin objectives of
providing advice and support to the employee during periods of illness, whilst giving
managers effective tools to control and manage sickness absence.

It is the managers responsibility to assist employees to reach and maintain satisfactory
levels of attendance and performance.

Managers should ensure that employees follow the notification and certification
requirements and that an adequate record of each staff members attendance is
maintained centrally with Human Resources and reviewed regularly.

Employees are required to call their line manager to inform them if they will be unable to
attend work due to sickness within two hours before the commencement of their shift
and by no later than one hour after the commencement of the shift they were due to
work. If the line manager is not notified, the employees pay could be deducted, delayed
or stopped and disciplinary action may be taken.

Employee should obtain a Sick leave request form by appearing personally at their place
of work on the first day of absence which needs to be taken to the concerned Doctor,
Clinic or Hospital and signed off by the consulting doctor.

Upon speaking to the employee, the manager must complete Section One of the Return
To Work Questionnaire. This may then be completed when the employee returns to
work.

If the employee is not in a state to report personally and collect the Sick leave request
form from the Line manager due to severe sickness then the employee needs to contact
the Line manager who will make necessary arrangements for the Sick leave form to be
available for the employee to be taken to the concerned Doctor, Clinic or Hospital.

If the employee is residing in the company accommodation, they may obtain a Sick
Leave Form from the Camp Boss provided they have informed their Line Manager in
advance of their illness. The Camp Boss will make the necessary arrangements for the
employee to be taken to the Clinic or Hospital with the support of the Human Resource
Department. The employee must still contact their Line Manager in accordance with this
procedure.

Upon receiving the Sick leave form and medical certificate(s) from the employee, it is the
responsibility of the line manager to forward the Return To Work Questionnaire along
with Sick leave form and medical certificate(s) to Human Resources who will forward a
copy to the Finance Department immediately, any delay may mean sick pay may be held
up. Copies are required for Human Resources and on-site personnel files.

All employees returning from sickness absence should be met at a Return to Work
Interview on their first day back to work.

All absences must be recorded on the Absence Monitoring Form and the appropriate
certificate should be attached before forwarding to Human Resources and the Finance
Department (Payroll).
The Company reserves the right to request an employee to be examined by a Doctor,
appointed by the Company, a Medical Referral. The employee may be asked to provide


COMPANY POLICY
HUMAN RESOURCES
Section:
Index Ref:
Absence & Leave
3/HRD/1005



Date:
Revision:
Page:
5 Dec 2013
C
4 of 10

a doctors certificate or any relevant evidence about their condition at any time to explain
any absence for a medical reason.

Doctors, Dentist and personal appointments should be outside the employees normal
working hours, or, at the beginning or end of the working day. The employees manager
is required to ask for an appointment card if the appointment falls inside work hours. If
the employees appointment keeps the employee away from work for more than half of
the working day, this will be recorded as sickness absence.

It is the employees responsibility to seek medical attention if there are signs of illness;
the employee can use his/her Medical Card to access Government assigned
Clinics/Hospitals. The employee is responsible for paying any personal medical fees
incurred whilst seeking medical attention.

It is the employees responsibility to arrange transportation to and from a Government
Clinic/Hospital and not the Companys, unless it is an emergency.





































Calculation for Sick Pay

Subject to providing a satisfactory official medical report, the employee is entitled to
sick leave for:

The first Fifteen (15) working days of illness on full pay

The next Ten (10) working days of illness on three quarters pay

The next Ten (10) working days of illness on half pay

The next Ten (10) working days of illness on quarter pay

The next Thirty (30) working days of illness without pay.

The worker shall provide Medical report from the doctor appointed by the employer or
the doctor of the government medical center. In the event of conflict his entitlement is
the total entitlement in one year and not per period of sickness. If sickness continues
for a period of one month (30 calendar days) without pay the employees contract may
be terminated without notice.
In the event where the employee is absent from work for 7 consecutive days or 20
separate days within a year without a valid excuse, the employer shall have the right
to consider him as having resigned. In such event, provisions of Article 53 of the
Kuwait Labour Law shall apply with regard to the workers end of service benefit.


COMPANY POLICY
HUMAN RESOURCES
Section:
Index Ref:
Absence & Leave
3/HRD/1005



Date:
Revision:
Page:
5 Dec 2013
C
5 of 10

2.3. Annual Vacation

All employees are entitled to a 30-day paid annual leave. However, the employee shall
not be entitled to a leave for the first year of work except after at least 9 months of
service for the employer. Annual Leave can only be applied for if the requested number
of days does not exceed the total days accrued until the end of the leave period.

Annual leave which exceeds accrued leave period is subject to Management discretion.

No accrued vacation days can be sold or redeemed for a monetary equivalent unless it
is deemed to be a business requirement and authorised by the General Manager

All employees will have an Annual Leave Record Form which Human Resources will
generate and maintain in the employee file. The Human Resources Department will
send a copy to the project when there are updates on the Annual Leave Record Form.

Employees will accrue holiday entitlement from the first day of employment for each
complete month worked of the leave year. The amount of leave, which may be taken, is
accrued monthly at the rate of one-twelfth of the annual entitlement each month.

Holidays must be agreed in advance with the employees line manager so that the
service to our customers is not affected. A minimum of 30 days notice must be given
prior to proposed vacation date. Formal submission of a Leave Request Form is subject
to a 5 day response time from the line manager. Holidays will be taken in accordance
with the Company rules. The principle rules are referred to in the Employee Handbook.

Any leave application with less than 30 days notice will be classified as emergency leave
(see Emergency Leave Section for more details)

The employee is required to attend work at all contracted times unless prior approval for
leave has been given. Unauthorized absence causes disruption to the provision of
services and to colleagues who have to cover duties and will be treated as a serious
breach of conduct.

The employer shall have the right to determine the date of the annual leave in
accordance with the business requirements. A minimum of 14 days notice will be given
to the employee to agree on annual leave dates proposed by the employer.

Line managers must keep accurate holiday, sickness and all other absence records
through HR & on-site personnel files and staff planners.

During the employees first and last year with the Company, the employee holiday
entitlement will be pro-rated accordingly. Where this calculation does not result in an
exact number of days, the amount of leave, which may be taken, is rounded up to the
next half-day.

If the employee is to leave the Company, the employee should normally give or be given
enough notice to allow them to take any holiday owed. Payment in lieu will only be
made if the employee is not allowed to take their holiday before they leave the company
employment.

If the employee leaves the Company, having taken more holidays than they were
entitled to, the appropriate deductions should be made from their final salary.



COMPANY POLICY
HUMAN RESOURCES
Section:
Index Ref:
Absence & Leave
3/HRD/1005



Date:
Revision:
Page:
5 Dec 2013
C
6 of 10

If the employees service is terminated, they will be entitled to a cash payment for
accumulated leave and must be calculated on the basis of the last salary payable on the
date of termination.

The employee has to receive payment of wages and accrued leave up to the date of
authorised leave for which they are entitled. Leave that has not been accrued will be
settled on return after the accrual period.

Annual leave will be authorised in accordance with the requirements of the business and
a maximum number of days will be considered per application depending on the grade
of the employee (refer to the Authorization Levels Matrix to determine authorization
levels for annual leave)

The following matrix confirms the maximum number of days that will be accepted per
leave application with minimum 1 month notice period:

Grade
Maximum Number of Days per
Application
1 - 3 60 Days
4 & 5 30 Days
6 - 9
2 Working Weeks
(including 5 & 6 day working weeks)

Any requested vacation over the amount specified in the above matrix must be
authorised in advance on a case by case basis by the manager as per Authorization
Levels Matrix. These will only be considered when exceptional circumstances apply.

Leave salary will only be paid in advance for Grades 1 4. All other grades will be paid
as normal during their vacation period.

Grades 1 4 will receive basic salary and housing (unless residing in company
accommodation). All other grades will receive their full contract benefits during their
vacation period.



















COMPANY POLICY
HUMAN RESOURCES
Section:
Index Ref:
Absence & Leave
3/HRD/1005



Date:
Revision:
Page:
5 Dec 2013
C
7 of 10

Please note:


Grade 1-3 should accumulate no more than 60 Days Leave (at any one time).

Grade 4 and above should accumulate no more than 30 Days Leave (at any one
time).

All vacation must be authorised in writing using the correct company allocated
form.

Verbal, E-mail, SMS, etc. messages will not be accepted or taken as approval.

Only a fully completed and authorised vacation form can be considered as
confirmation of acceptance.

Holiday requests for Grades 7 and above may not be authorised more than 3
months in advance or any more than two (2) applications considered at one
time subject to authorising Managers approval.

Only the leave period salary can be paid in advance. Any salary accumulated
prior to the vacation period must be paid into the employees bank in
accordance with the Kuwait Labour Law.

The date stipulated in the Leave Request Form should be from the actual date
of departure and return including weekends. These dates should reflect the
time you are out of the country not only the working days. The number of
working days requested should remain accurate.

If you wish to travel during a weekend period you must still obtain the
appropriate level of authorisation in accordance with the EFMK Management
Authorisation Levels Matrix. This rule applies even if no working days are
taken.

Unpaid leave will only be considered if an employee has no remaining
accumulated days (zero balance)

Employee can only apply for a minimum of 1 full day (Half days will not be
considered).













In the event where the employee is absent from work for 7 consecutive days or 20
separate days within a year without a valid excuse, the employer shall have the right
to consider him as having resigned. In such event, provisions of Article 53 of the
Kuwait Labour Law shall apply with regard to the workers end of service benefit.


COMPANY POLICY
HUMAN RESOURCES
Section:
Index Ref:
Absence & Leave
3/HRD/1005



Date:
Revision:
Page:
5 Dec 2013
C
8 of 10

2.4. Academic Leave

An employee may get paid academic leave to obtain a higher degree in his work field,
provided that the employee works for the employer for a period of time equal to the
period of the academic leave which should not exceed 5 years. If the employee decides
to leave the company he shall have to repay the remuneration paid to him
proportionately to the remaining leave period.

2.5. Hajj Leave

Muslim employees who have served 2 years or more of continuous service with the
Company are entitled to additional paid leave of 21 days to serve Hajj provided they
have not performed Hajj before.

2.6. Leave to attend conferences, labour meetings and annual gatherings

An employee may be granted paid leave to attend conferences, labour meetings and
annual gatherings

2.7. Death of a relative

Three days of emergency leave with full pay may be granted in the event of death of
immediate family members.

A Muslim working woman, whose Husband has died, shall be entitled to a fully paid Iddat
leave for four months and ten days from the date of death.

The non Muslim working woman whose husband has died shall be entitled to a paid
leave of 21 days.

2.8. Emergency Leave

Any leave request with less than 30 days notice will be considered as Emergency Leave.
A maximum of 14 days emergency leave will be granted provided that you have accrued
such days. This could be due to an emergency such as sickness or death with an
immediate family member, close relative or significant other relationship or because of
other difficult personal circumstances, the employee should contact their line manager
immediately. Depending on the circumstances, there are a number of options, such as
annual leave which may be used.

As a general rule, and at the discretion of the manager, periods of leave may be
granted.

The employer may grant his worker, upon his request, an unpaid leave other than the
leaves mentioned above.

All such leave must be agreed in accordance with the Management Authorisation Levels
Matrix.

If your annual leave entitlement has been used, the Company may, in exceptional
circumstances, grant leave of absence.

No advance salary payment or annual flight entitlement can be given for
emergency leave.


COMPANY POLICY
HUMAN RESOURCES
Section:
Index Ref:
Absence & Leave
3/HRD/1005



Date:
Revision:
Page:
5 Dec 2013
C
9 of 10

2.9. Maternity Leave

The Company seeks to implement the requirements by providing female employees with
the opportunity to maintain a career both during pregnancy and whilst raising a family.

An employee who becomes pregnant during her employment with the Company shall be
entitled for a maternity fully paid leave of 70 days, provided that she gives birth within 70
days maternity leave.

After the end of Maternity leave the employer may give the working woman at her
request an unpaid leave for a period not exceeding 4 months to take care of the baby.

Maternity responsibilities:

Human Resources

To advise the employee of their entitlement.

To ensure that all relevant documentation is completed and maintained in the
employees personal file.

To ensure that Payroll is kept advised of any payroll implications.

Line Manager

To maintain contact with the employee through the period of maternity leave as
appropriate.

To note ante-natal appointments and ensure cover is provided, if necessary.

To carry out a risk assessment (Health and Safety) and implement any reasonable
measures to protect the pregnant employee and the unborn baby and the new
mother upon return to work.

Employee

To advise her line manager or Human Resources, in writing, of her pregnancy as
soon as possible and no later than the 15
th
week before the expected week of
childbirth (EWC).

Follow Company procedures and submit relevant documentation (doctors
certificates) issued by the doctor.



COMPANY POLICY
HUMAN RESOURCES
Section:
Index Ref:
Absence & Leave
3/HRD/1005



Date:
Revision:
Page:
5 Dec 2013
C
10 of 10

2.10. Compensatory Leave

Compensatory leave situations are detailed below:

a) Work during Public Holidays
b) Work during Weekly Off days

2.10.1 Public Holidays

Employees who work on a Public Holiday should be compensated with a day off later
depending on the operational coverage required as agreed with the Client. See section
2.1 for the list of Kuwait Official Public Holidays an employee is entitled to.

In situations where the compensatory off cannot be given to staff to ensure operational
cover, the compensatory off days should be added to the employees annual leave with
the appropriate authorisations.

2.10.2 Weekly Off Days

An employee also has the right to a weekly off day after every 6 working days.
However, the employee may be required to work on weekly holidays to cover operational
requirements as agreed with the Client. If the employee works on a weekly holiday, the
employee should be paid overtime at the specified rate in addition to their normal hourly
rate and an additional day off (where applicable) in line with the Kuwait labour law.

Employees who work on a weekly off day should be compensated with a day off later
depending on the operational coverage required as agreed with the Client.

In situations where the compensatory off cannot be given to staff to ensure operational
cover, the compensatory off days should be added to the employees annual leave with
the appropriate authorisations.

Please note:

All compensatory leaves must be authorised in writing using the correct
company allocated form (HRD 37 Compensatory Leave Form).

Only a fully completed and authorised Compensatory Leave Record Form
(HRD 37) can be considered for processing. This should be submitted every
month, before the first working day of the following month.



3. Guidance Notes
Applicable