Vacations are a fundamental right for every worker in the Kingdom of Saudi Arabia, and a vital element in achieving work-life balance. The vacation system in the Kingdom has witnessed significant developments in recent years, reflecting the state's commitment to providing a fair and equitable work environment. In this article, we will discuss in detail the provisions of vacations in the Saudi Labor Law, starting with the different types of vacations and ending with the procedures to follow to obtain them.

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The importance of establishing a leave policy in the Saudi Labor Law

This regulation governs the employment relationship between employers and employees. The following are the main reasons for including leave regulations in the Saudi Labor Law:

1. Protecting workers' rights regarding various types of leave and ensuring they receive them in accordance with the law. 2. Achieving work-life balance by granting employees various paid and unpaid leave options throughout the year. 3. Creating a stable, safe, and motivating work environment for employees, leading to increased loyalty and productivity and reduced job turnover. 4. Reducing confusion and ambiguity in the processes of submitting, approving, and compensating for leave requests, and ensuring they are handled fairly and systematically.

Types of leave in the Saudi Labor Law

Types of leave include:Work systemThe Saudi labor law includes a range of types of leave granted to protect workers' rights and provide them with periods of rest or time off for specific circumstances. The Saudi Arabian labor law includes 15 types of leave permitted to employees under specific regulations, as follows:

1. Weekly leave. 2. Annual leave. 3. Sick leave. 4. Bereavement leave. 5. Holiday and special occasion leave. 6. Examination leave. 7. Personal occasion leave. 8. Unpaid leave. 9. Hajj leave. 10. Paternity leave. 11. Maternity leave. 12. Waiting period leave. 13. Maternity leave. 14. Kidney dialysis leave for patients with kidney failure. 15. Leave to participate in national events.

Weekly leave in the Saudi Labor Law

The worker has the right to a weekly holiday in the Saudi Labor Law, lasting one or two days depending on the nature and circumstances of the work, and it is a paid holiday.

In the Saudi Labor Law, the weekly holiday is no less than 24 consecutive hours, and the worker is not entitled to give up his weekly holiday in exchange for additional pay.

Annual leave in Saudi labor law

Under Saudi labor law, an employee is entitled to 21 days of paid annual leave. After five years of continuous service with the same employer, the employee is entitled to 30 days of paid annual leave.

The employer has the right to determine the dates of annual leave for employees in a manner that does not disrupt the workflow, provided that the employee is notified of the date of the leave at least 30 days before it is due. The employee may not waive the annual leave in exchange for additional pay.

If an employee leaves his job before taking all of his vacation time, the employer is obligated to pay the value of the vacation time that he did not use. This also applies to cases where the employee did not take all of his accrued vacation time at the end of the year.

Sick leave system in the Saudi Ministry of Labor

A worker in the Kingdom of Saudi Arabia is entitled to sick leave if his illness is proven for a period of 30 days with full pay, then 60 days with half pay, then 30 days without pay, whether the days are consecutive or separate.

If it is proven that an employee worked for another entity during their leave period, the first employer has the right to withhold wages for that period and recover what was paid. Conversely, the employer may not terminate the employee's employment.Employment contractDue to the employee's illness, only after exhausting the specified period stipulated in the work regulations.

Penalty for forging sick leave certificates

Medical reports are official documents that are relied upon in granting paid sick leave to employees in the Kingdom of Saudi Arabia. This confirms the vital role of these reports in preserving the rights of both employees and employers.

However, it is crucial to be wary of misusing these medical reports, as this is a crime punishable by law. This means that anyone who forges these reports or assists in their forgery is subject to legal accountability, as this harms the employer and the healthcare system as a whole. It tarnishes the image of the medical sector and undermines public trust in the medical services provided. The penalties for forging medical reports can be divided into two categories: the criminal aspect, which is imposed by law on the perpetrator and includes prison sentences of up to one year, fines of up to 100,000 Saudi Riyals, or both; and the administrative aspect, which consists of the punishment imposed by the employer on the offending employee, including warnings, salary deductions, denial of promotion or annual raises, and potentially dismissal after the investigation is completed.

There are several motives that drive employees to commit such a crime, the most important of which are: the desire to obtain unjustified leave, or the need to reduce the psychological pressure or stress that some employees experience. Therefore, employers must put in place clear policies and strict procedures to combat forgery and manipulation of medical reports.

Emergency leave system in Saudi labor law

Workers in the Kingdom of Saudi Arabia are entitled to emergency leave in emergency and unexpected situations that force them to leave work suddenly, such as being exposed to accidents, the death of a family member, or emergency health problems.

Emergency leave is not an acquired right of the employee; rather, it depends on the employer's assessment of the circumstances presented by the employee, and the employer has the right to refuse it.

You can submit a request for emergency leave from work according to the following steps:1. The reason for taking the leave must be convincing and urgent. 2. Fill out the leave request form and explain the reasons for your request. 3. Obtain approval from your work manager. 4. You are entitled to one emergency leave per fiscal year.

Death leave system in the Saudi Labor Law

As part of the Kingdom of Saudi Arabia’s commitment to supporting its employees in difficult circumstances, the Saudi Labor Law guarantees the employee’s right to a five-day leave with full pay in the event of the death of one of his first, second, and third degree relatives. These degrees include ascendants (parents and grandparents), descendants (children and grandchildren), brothers and sisters, and spouse. This leave does not include official holidays, occasions, festivals, or weekly holidays.

Exam break

According to Saudi labor laws, an employee who wishes to continue his studies is entitled to paid leave to take his exams. This requires obtaining prior approval from the employer and submitting a leave request 15 days before the scheduled date. The employee must also submit the necessary supporting documents. In the event of non-attendance at the exam, the employer has the right to deprive him of his salary and take disciplinary action against him.

Maternity leave

It is a leave granted to pregnant employees 4 weeks before the date of birth, and its total duration is 10 weeks and can be extended without pay. If the child is sick after birth, the working mother is entitled to a month's leave with full pay.

Is a worker in Saudi Arabia entitled to take leave to perform the Hajj pilgrimage?

An employee is entitled to leave with full pay to perform the Hajj pilgrimage only once during his service period, provided that he has spent at least two consecutive years with the employer. The duration of the leave granted ranges between ten and fifteen days, including the Eid al-Adha holiday.

Official holidays in the Kingdom of Saudi Arabia

The Kingdom grants its employees in the public and private sectors, as well as students, official paid holidays as follows:

1. Founding Day holiday, one day on February 22nd of each year. 2. Eid al-Fitr holiday, 4 days starting from the first of Shawwal. 3. Eid al-Adha holiday, from the 10th to the 13th of Dhu al-Hijjah. 4. National Day holiday, one day on September 23rd of each year.

Private sector holidays 

The Saudi labor law also explains the leave system in the private sector with the aim of ensuring a balance between the work and personal lives of employees. These leaves include several types such as annual leave, sick leave, official holiday leaves, maternity leave, Hajj leave, and others. The following is a detailed explanation of this:

1. Annual leave and its regulations

Private sector employees are entitled to 21 days of paid annual leave in their first year of employment, increasing to 30 days after five consecutive years with the same organization. This leave is granted with full pay and must be taken within the year it is due, unless the employer agrees to carry over part of it. Employees are also entitled to compensation for unused leave in the event of termination of their employment contract.

2. Sick leave and its conditions

The Saudi Labor Law guarantees the employee sick leave of up to 120 days annually, divided as follows: 30 days with full pay, followed by 60 days with half pay, and a final 30 days without pay. It is required to submit an approved medical report to document the health condition.

3. Holidays for special occasions and emergencies

Official holidays include Eid al-Fitr, Eid al-Adha, and National Day, which are paid holidays for all employees. Employees are also granted exceptional leave in cases such as marriage (5 days), the death of a relative (5 days), or performing Hajj (10 days, once during the work period).

4. Maternity and paternity leave

Female employees are entitled to 10 weeks of paid maternity leave (4 weeks before and 6 weeks after childbirth), along with one hour of breastfeeding per day for one year. Male employees are entitled to 3 days of paid paternity leave. These leaves are part of family support policies and aim to achieve a balance between work and family responsibilities.

Unpaid leave and how it is calculated

An employee can take unpaid leave with the employer's approval, usually for personal reasons or studies. This period is not counted towards actual service and does not affect other leave entitlements, but it may delay certain benefits such as promotions. No compensation is paid for unused unpaid leave in the event of contract termination. The private sector leave system guarantees employees a variety of leave options to cover their health, family, and religious needs, aiming to enhance job satisfaction and increase productivity while safeguarding the rights of all parties. Therefore, we advise you to thoroughly understand your rights as an employee and contact your employer or the relevant authorities in case of any leave-related disputes.

Workers' rights regarding leave in the Saudi Labor Law

The leave law in the Saudi Labor Law includes a set of regulations that guarantee employees their rights, while placing specific obligations on employers. This system aims to provide a fair work environment that meets the needs of employees and ensures the continuity of work efficiently. These rights include:

1. The right to receive paid leave in accordance with the terms of the employment contract and the Saudi Labor Law. 2. The right to job security and not to be dismissed from work or have one's job position changed negatively during leave. 3. The right to appeal if the leave request is rejected without justification.

Best labor lawyer in Saudi Arabia

It is difficult for some workers in Saudi Arabia to be familiar with all the rules and regulations stipulated in the Saudi Labor Law, and consequently, they may not be aware of their various rights, how to defend them, and their obligations. This is why contracting with...Abdulaziz bin Yasser Al-Anzi Law FirmSpecialist in labor issuesIt plays a major role in providing them with comprehensive legal support, which contributes to achieving justice and protecting rights and interests.

Here are more than 4 reasons why you, as a worker in Saudi Arabia, should hire an employment lawyer:

1. Benefit from the lawyer's legal expertise in the Saudi Labor Law and obtain the best solutions for your specific case. 2. Benefit from the lawyer's awareness of ongoing developments in labor laws to ensure you receive the best legal representation in the workplace. 3. Follow up on all procedures of your legal case, saving you time and effort and ensuring the best possible outcome. 4. Benefit from the lawyer's expertise in obtaining fair compensation.

An employment lawyer also helps you negotiate with other parties to reach suitable solutions in disputes, represent clients in the appropriate courts, and submit proposals.Legal adviceNecessary measures include protection from exploitation by employers, arbitration, drafting employment contracts, etc.

In addition, a lawyer gives you a sense of psychological comfort and relief from anxiety, as you will be confident that your rights are protected, that you will get justice, and that you have enough time to focus on your work and personal affairs.

Contact usFor more information.