Article 117 of the Saudi Labor Law dictates the legal rights surrounding Sick Leave. It grants an employee up to 120 days of medical absence within a single year, structured into specific paid and unpaid tiers, ensuring the worker’s Continuous Service and End of Service Benefit (EOSB) remain legally protected.
The Saudi Labor Law provides structured medical protections for workers. Article 117 establishes that an employee whose illness is medically proven is eligible for a designated quota of sick leave, shielding them from unlawful termination and financial loss.
The Legal Framework of Sick Leave (Article 117)
Under Article 117, the right to medical leave activates when the illness is formally proven through an official medical report. The law defines the measurement period as a “single year,” which begins precisely from the date of the worker’s very first reported sick leave, not the calendar year. During this specific 365-day timeframe, the worker’s absences can be taken continuously or intermittently.
The 120-Day Sick Leave Allocation Tiers
The statutory sick leave allowance spans a maximum of 120 days per year, divided into three strict financial tiers. The payout structure under Article 117 is listed below:
1. Fully Paid Leave (First 30 Days)
The worker receives 100% of their standard wage for the first 30 days of documented Sick Leave.
2. Partial Pay Leave (Next 60 Days)
If the illness persists, the worker is entitled to three-quarters (75%) of their wage for the subsequent 60 days of medical absence.
3. Unpaid Leave (Final 30 Days)
If the worker requires further recovery time beyond the 90-day paid limit, they are eligible for an additional 30 days of leave entirely without pay.
The Impact of Sick Leave on Continuous Service and EOSB
Understanding how medical absence affects the final End of Service Benefit (EOSB) calculation is critical. Because approved Sick Leave preserves the active status of the Employment Contract, the entire paid duration (the first 90 days) is legally classified as active Continuous Service.
However, workers must monitor the final 30 days of unpaid medical leave. The law explicitly states that a worker’s unpaid absences from work for intermittent periods exceeding 20 days per work year do not count as continuous service. Therefore, excessive unpaid sick leave can proportionally reduce the final time base used in the Saudi EOSB Fractional Service Calculation.
Frequently Asked Questions
Can my employer fire me while I am on sick leave?
No, Article 82 strictly prohibits an employer from terminating the employment contract before the worker has fully exhausted their designated statutory Sick Leave period.
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