Article 42 of the Saudi Social Insurance Law
المادة 42 من نظام التأمينات الاجتماعية · الفصل الثاني: تعويض الأمومة
The article sets maternity compensation at 100% of the average wage subject to contribution over the 12 months before birth, due from the first of the month of birth, and not combinable with a wage.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يحسب تعويض الأمومة بواقع (100 %) من متوسط الأجر أو الراتب الشهري الخاضع للاشتراك خلال (12) شهراً السابقة على تاريخ الولادة.
2- استثناء من حكم الفقرة (1) من المادة (الثالثة والخمسين) من النظام، يستحق تعويض الأمومة اعتباراً من اول الشهر الذي حدثت فيه الولادة، ويجوز للمشتركة طلب الحصول على هذا التعويض قبل شهر من التاريخ المحدد للولادة.
3- لا يجوز الجمع بين تعويض الأمومة والأجر أو الراتب.
وتحدد اللائحة القواعد والإجراءات اللازمة لتطبيق هذه المادة.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 42 explained in plain English
After Article 41 set the conditions and duration of maternity compensation, this article sets out its amount and timing:
- The amount: 100% of the average monthly wage or salary subject to contribution during the 12 months preceding the date of birth.
- Start of entitlement: from the first day of the month in which the birth occurred. This is an exception to the general rule in paragraph (1) of Article 53, which makes entitlement start from the first of the month following the meeting of the conditions.
- Applying early: the female subscriber may request the compensation one month before the date set for the birth.
- No combining: maternity compensation may not be combined with a wage or salary. The compensation takes the place of the wage during its term, and the female subscriber does not receive both for the same period.
The article leaves the detailed rules and procedures for applying it to the Regulations.
Note that Article 56 allows combining occupational hazards compensation with maternity compensation, so the prohibition here concerns combining with a wage. A woman who needs clarification of her case can consult a lawyer specialized in social insurance matters.
Practical example
Sara is an employee at a bank in Jeddah, and her average wage subject to contribution during the year before the birth is SAR 8000. If her birth is expected in March, she can submit the request in February, and the compensation is due at SAR 8000 per month from the first of March, and she is not entitled to receive her salary from the bank along with it for the same period.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 42 of Social Insurance Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Labour & Employment Law lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Labour & Employment Law lawyers
Lawyers who handle this kind of case
شركة امتداد النظام للمحاماة والاستشارات المهنية
- Labour & Employment Law
- Criminal Law
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Active contributorFrequently asked questions about Article 42 of the Saudi Social Insurance Law
How much is maternity compensation?
100% of the average monthly wage or salary subject to contribution during the 12 months preceding the birth.
Can maternity compensation be combined with a salary?
No. The article expressly states that maternity compensation may not be combined with a wage or salary.
When do I apply for maternity compensation?
The request may be submitted one month before the date set for the birth, and the compensation is due from the first of the month in which the birth occurred.
Articles this article refers to
More articles on Maternity Compensation
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.

