This article is for every employee, HR professional, or even business owner. Surely you are interested in knowing the law that regulates your leaves if you are a worker, or that maintains legal compliance if you are a business owner. Therefore, in this article, we provide you with a comprehensive reference guide that reviews all types of leave stipulated in the Saudi Labor Law, detailing working hours and rest periods, to ensure you are fully aware of your rights and obligations.

Working Hours and Rest Periods: Essentials You Must Know

Before delving into the details of leaves, it is important to understand the time frame that governs your workday. The Saudi Labor Law sets clear rules to ensure a balance between work and personal life:

• Standard Working Hours: A worker's actual working hours may not exceed eight hours per day or 48 hours per week. During the holy month of Ramadan, these hours are reduced for Muslim workers to a maximum of six hours per day or 36 hours per week.
  
  

• Rest Periods: Workers are entitled to a rest period of at least 30 minutes for rest, prayer, or meals after every five consecutive hours of work. It is worth noting that these periods are not counted as part of the actual working hours, and during them, the worker is not considered to be under the authority of the employer.
  
  

• Maximum Presence: A worker may not remain at the workplace for more than 12 hours in a single day.
  
  

Overtime: How and When Is It Calculated?

Any working hours that exceed the specified daily or weekly limits are considered overtime. All working hours performed on public holidays and official festivals are automatically counted as overtime.

Overtime is compensated at a rate equal to the hourly wage plus 50% of the basic wage. There is also a maximum limit for overtime of 720 hours per year, and this limit may not be exceeded without the worker's explicit written consent.

Weekly Rest and Public Holidays: Days for Relaxation and Celebration

• Weekly Rest: Friday is designated as the official weekly rest day for all workers, and it is a fully paid day. However, the employer may substitute Friday with another day for some workers after notifying the competent labor office, provided that the weekly rest period is not less than 24 consecutive hours.
  
  

• Public Holidays: Employers are obligated to provide full paid leave for all officially recognized public holidays in the Kingdom of Saudi Arabia, which are: Saudi Founding Day, Eid Al-Fitr, Arafat Day, Eid Al-Adha, and Saudi National Day.
  
  

Types of Leave: Different Rights for Every Occasion

Understanding the different types of leave is vital for both employees and employers alike. Here is a comprehensive breakdown of the most important types of leave:

1. Annual Leave

A worker is entitled to paid annual leave.

• Duration: Not less than 21 days for each year of service during the first five years, and it increases to 30 days per year once the worker has completed five consecutive years of service.
  
  

• Payment: The leave wage is paid in advance.
  
  

• Usage: Workers are expected to take their leave in the year it is due, and they are not permitted to waive their right to it or receive a cash substitute for it during their service.
  
  

• Scheduling and Postponement: The employer may schedule these leaves according to the work requirements, or grant them on a rotating basis to ensure the continuity of work. The employer must notify the worker of the scheduled leave date with sufficient notice, not less than thirty days.

2. Sick Leave

Workers who provide a medical certificate proving their illness are entitled to paid sick leave, according to the following details:

• Full Pay: For the first 30 days.
  
  

• Three-Quarters Pay: For the next 60 days.
  
  

• Without Pay: For the 30 days that follow that.

Note: These periods (30 days at full pay, 60 days at three-quarters pay, 30 days without pay) are calculated within one year, whether they are continuous or intermittent.

3. Maternity Leave

Female workers are entitled to 10 weeks of full paid maternity leave.

• Mandatory Period: Six weeks of this leave are mandatory immediately after childbirth.
  
  

• Distribution: The remaining six weeks can be distributed as the female worker sees fit, starting from four weeks before the expected delivery date.
  
  

• Extension: The female worker is entitled to extend this leave for one month without pay.
  
  

• Protection from Dismissal: An employer may not dismiss or give notice of dismissal to a female worker during her pregnancy or her maternity leave.
  
  

4. Paternity Leave

A worker is entitled to three days of full paid paternity leave upon the arrival of a new baby.

5. Bereavement and Marriage Leave

• Bereavement Leave: A worker is entitled to five days of full paid leave in the event of the death of a spouse, or one of their ascendants (parents, grandparents) or descendants (children, grandchildren).
  
  

• For a Muslim Woman: A Muslim female worker whose husband passes away is entitled to an Iddah (mourning period) leave with full pay for a period of not less than four months and ten days from the date of death.
  
  

• Marriage Leave: A worker is entitled to five days of full paid leave upon his marriage.
  
  

6. Hajj Leave

A Muslim worker who has completed at least two consecutive years of service is entitled to a full paid leave ranging from 10 to 15 days (including the Eid Al-Adha holiday) to perform the Hajj pilgrimage. This entitlement can be used only once during their entire service with the employer.

7. Other Special Leaves

• Exam Leave: A worker is entitled to full paid leave to take an exam for a non-repeated year, and leave without pay for a repeated year.
  
  

• Leave Without Pay: A worker may, with the employer's consent, take leave without pay, and the employment contract is considered suspended during a leave period that exceeds 20 days, unless both parties agree otherwise.
  
  

• Leave for a Sick Child or a Child with a Disability: A female worker is entitled to a one-month leave with full pay starting after the end of her maternity leave, and she has the right to extend this leave for one month without pay, to care for a sick child or a child with a disability whose health condition requires continuous care.

Breastfeeding Periods: A female worker is entitled to a one-hour rest period per day with pay to breastfeed her newborn.

Important Note: A worker may not work for another employer while on any of their leaves. If the employer proves this, they have the right to deprive the worker of their wage for the leave period or to recover what was paid to them.

Conclusion

The Saudi Labor Law is a comprehensive legal framework that aims to protect the rights of workers and the obligations of employers, especially concerning working hours and types of leave. Understanding these regulations is not just a legal obligation; it is an investment in building a healthy, productive, and fair work environment.

For employers, strict adherence to these rules reduces legal risks and improves the company's reputation, making it an attractive destination for top talent. For employees, knowing their rights empowers them to demand them with confidence, which enhances their sense of security and job stability.

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