Seriously sick

I am 39 years old, I worked as a salesman for a reputed brand for 9 years. I was diagnosed with colorectal cancer on April 22, 2011. Since then I have undergone 4 surgeries and several chemotherapy sessions, due to which I missed a lot work resulting in my termination on Jan 15, 2013. The company I worked for has given me a 3-month notice saying that they will not renew my residence which is expiring on March 26. Currently I am undergoing chemotherapy I am not in a condition to work or find another job.

I have a school-going son who is on my residence, my questions to you are:
(1) Under the mentioned circumstances can I sponsor myself?

(2) I worked in this company from July 2003 till Jan 15, 2013 (the day I got my termination letter). My salary is KD 416 on the labor certificate, I would like to know how my indemnity will be calculated (given the fact that I have missed many months of work).

(3) Because I am not able to work during my termination period am I eligible to get my complete salary?

(4) My residence expires on March 26 and the termination period falls short by 20 days, in this situation if I don’t find a sponsor can I ask for temporary extension of my residence?

(5) Do I have any special provisions since I am suffering from a serious illness?
Please find below for your reference the number of months I missed work.
April 22, 2011 to Sept 20, 2011 (the showroom was closed for 2 months for renovation and during this period, no employees worked).
April 29, 2012 to July 20, 2012.
November 18, 2012 to Jan 15, 2013 (termination).

Name withheld
Answer:
It seems that the company has been quite nice to you and has terminated you only after two years from the start of your problems.
Technically, you can take sick leave for this year as it has just begun and get all that is authorized to you. But it is better that you discuss the same with your company because they seem to have been very accommodating over the last two years.
Secondly, legally the company has the right to subtract the duration you were missing from work (except the authorized sick leave) from your service and then calculate your indemnity. The authorized sick leave will count as part of service.
Thirdly, it doesn’t matter if the showroom was closed for a part of your absence because you were already absent from work. So that period should be included in your absence. So you should be paid indemnity for the actual period you worked minus the absence.
As far as the termination notice period is concerned, you must work during this period (unless you are on sick leave) otherwise your salary should not be paid. Some companies pay the salary in such circumstances but it would be legally right if it decided not to.
The company can get you a temporary extension of residence if it so desires and you can also apply for one directly to the Ministry of Interior (through the Immigration Dept), citing the treatment you are getting if your residence is cancelled. The Immigration Dept, which represents the Interior Ministry, does accept such requests and may allow you to stay in Kuwait for a certain time due to the special circumstances.
 

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