Kuwait Court of Cassation principle number 391

Summary: - Illness in the oil business sector. It must be established by a certificate from the physician appointed by the employer or the physician in charge at a government health unit where the period of leave does not exceed 15 days. Disagreement between the 2 physicians in determining its duration. The period determined by the government physician prevails. Leave exceeding that period. Illness must be established by a report from the government medical authority. Article 11 of Law No. 28 of 1969 concerning labour in the oil business sector. Rule: The provision in the final paragraph of Article 11 of Law No. 28 of 1969 concerning labour in the oil business sector that: “Illness shall be established by a report from the government medical authority if its duration exceeds 15 days, and by a certificate from the physician appointed by the employer or the physician in charge at a government health unit if its duration does not exceed that period. If a dispute arises over determining the duration of treatment, the certificate of the government health unit physician shall supersede the certificate of the physician appointed by the employer.” Its meaning—as stated in the explanatory memorandum to this law—is that, to regulate the method of proving illness, the Article provides that it may be established by a certificate from the physician appointed by the employer or the physician in charge at a government health unit if the period of leave does not exceed 15 days. If the 2 physicians differ in determining the period of leave, what the government physician determines prevails. If, however, the leave exceeds 15 days, illness shall be established by a report from the government medical authority.