Managing employee leave and vacation entitlements is a critical aspect of compliance and employee satisfaction when operating in Kazakhstan. The labor legislation in Kazakhstan provides clear guidelines on various types of leave, ensuring employees receive adequate time off for rest, personal matters, illness, and family responsibilities. Understanding these regulations is essential for employers to maintain legal compliance and foster a positive working environment.
Kazakhstan's labor code outlines specific requirements for annual paid leave, public holidays, sick leave, and various forms of parental leave, among others. These entitlements are designed to protect employee well-being and are mandatory for all employers operating within the country. Navigating these requirements can be complex, particularly for foreign companies, making it important to have a clear understanding of the local legal framework.
Annual Vacation Leave
Employees in Kazakhstan are entitled to a minimum amount of paid annual leave. The standard minimum duration for annual paid labor leave is 24 calendar days. This leave is typically granted after an employee has completed one year of service with the employer. However, leave can be granted proportionally for time worked before completing a full year, based on agreement between the employee and employer.
Specific categories of employees may be entitled to longer annual leave periods based on their profession, working conditions, or other factors stipulated by law or collective agreements. The timing of annual leave is usually determined by a schedule agreed upon by both the employer and employee representatives, or individually agreed upon. It is generally possible to split the annual leave into parts, provided one part is at least 14 calendar days long. Unused leave can typically be carried over or compensated upon termination of employment, subject to specific rules.
Public Holidays
Kazakhstan observes several public holidays throughout the year. These days are typically non-working days for employees. If a public holiday falls on a weekend, the day off is usually transferred to the next working day. Employees who are required to work on public holidays are generally entitled to increased compensation, typically at a rate of not less than one and a half times their standard wage.
Here are the main public holidays observed in Kazakhstan:
| Date | Holiday Name |
|---|---|
| January 1-2 | New Year |
| January 7 | Orthodox Christmas |
| March 8 | International Women's Day |
| March 21-23 | Nauryz Meyramy |
| May 1 | Kazakhstan People's Unity Day |
| May 7 | Fatherland Defender's Day |
| May 9 | Victory Day |
| July 6 | Capital Day |
| August 30 | Constitution Day |
| October 25 | Republic Day |
| December 16 | Independence Day |
Note: Religious holidays like Kurban Ait (Eid al-Adha) are also official days off, but their dates vary annually based on the lunar calendar.
Sick Leave
Employees in Kazakhstan are entitled to paid sick leave in case of temporary disability due to illness or injury. The duration and payment of sick leave are regulated by law. Employees are generally required to provide a medical certificate from a licensed healthcare provider to validate their absence due to illness.
Sick leave is typically paid by the employer for the first 15 calendar days of absence. For longer periods of temporary disability, social insurance benefits may cover the payment, subject to contributions made to the State Social Insurance Fund. The amount of sick pay is calculated based on the employee's average monthly wage, up to a certain limit established by law.
Parental Leave
Kazakhstan provides comprehensive parental leave entitlements, including maternity, paternity, and adoption leave.
Maternity Leave
Pregnant employees are entitled to maternity leave, which includes prenatal and postnatal periods. The standard duration is 126 calendar days (70 days before birth and 56 days after birth). In case of complicated births or the birth of two or more children, the postnatal leave is extended to 70 calendar days, making the total leave 130 days. For women residing in areas affected by nuclear tests, the total leave is 184 calendar days. Maternity leave is paid through social insurance benefits.
Paternity Leave
Fathers are entitled to unpaid leave of up to 14 calendar days upon the birth of a child. This leave can be taken at the father's request.
Childcare Leave
Either parent (or another relative caring for the child) is entitled to unpaid leave to care for a child until the child reaches the age of three years. This leave can be taken in full or in parts. While this leave is unpaid by the employer, the parent may be eligible for social payments from the state during this period, depending on their social insurance contributions.
Adoption Leave
Employees who adopt a newborn child are entitled to leave from the date of adoption until the child reaches 56 days of age. This leave is paid through social insurance benefits, similar to postnatal maternity leave.
Other Leave Types
Kazakhstan's labor code also provides for other types of leave under specific circumstances:
- Bereavement Leave: Employees are typically granted unpaid leave for the death of close relatives. The duration is usually agreed upon with the employer.
- Study Leave: Employees pursuing education may be granted paid or unpaid leave to attend classes, take exams, or work on dissertations, provided it is stipulated in their employment contract, collective agreement, or the employer's internal policies.
- Leave Without Pay: Employees may request unpaid leave for personal reasons, subject to the employer's agreement.
- Leave for Performing State Duties: Employees called upon to perform state or public duties are released from work while retaining their position and average wage, as stipulated by law.
- Sabbatical Leave: While not a standard statutory entitlement for all employees, longer-term leave for professional development or research may be granted based on internal company policies or specific employment contracts, particularly in academic or research institutions.
