The employee-employer relationship in Kenya is governed by a comprehensive framework of labour laws that protect the rights and obligations of both parties. Kenyan law mandates that leave days are a fundamental employee right, highlighting that all employees, regardless of industry, deserve equitable work conditions, fair compensation, and necessary time off. Below, we explore the major provisions in Kenyan labour law relating to maternity, annual, sick, and other types of leave.
Key Labour Laws in Kenya
Kenya’s labour laws are categorized into two main types: individual labour laws, which deal directly with employer-employee relationships, and collective labour laws, which regulate relationships involving trade unions. These laws cover all formal employment sectors in Kenya, safeguarding against exploitation and ensuring fair treatment. The primary legislation covering employment matters includes:
- Employment Act (2007) – Governs employee rights, including leave, termination, and working conditions.
- Labour Institutions Act – Regulates the roles and responsibilities of key institutions like the Employment and Labour Relations Court.
- Labour Relations Act – Covers trade union rights and collective bargaining.
- Occupational Safety and Health Act (OSHA) – Ensures safe and healthy work environments.
- Work Injury Benefits Act (WIBA) – Provides compensation for work-related injuries.
Types of Work Leave in Kenya
Kenya’s Employment Act provides specific guidelines for different types of leave, including annual, maternity, and sick leave. While organizations may have individual policies for additional leave, they are required to align with national laws.
1. Maternity and Paternity Leave
According to Section 29 of the Employment Act, a female employee is entitled to 90 days (three months) of maternity leave with full pay. This leave is calculated in calendar days, allowing the mother three full months with her newborn. Employees are protected from discrimination related to pregnancy; it is unlawful for employers to terminate contracts due to pregnancy or maternity leave.
Similarly, male employees are entitled to two weeks of paternity leave with full pay. This policy ensures fathers can bond with and support their newborns and partners without risking job security.
Notice Requirement: To activate maternity leave, an employee must notify the employer seven days prior, providing a written notice. Additionally, the Employment Act does not limit the number of times a female employee can take maternity leave, supporting this benefit for every pregnancy.
2. Annual Leave
After 12 months of continuous employment, all employees are entitled to 21 days of annual leave with full pay. Kenyan law allows employees to take these days in intervals if agreed upon by the employer, offering flexibility. The annual leave cannot be forfeited; if not taken within 18 months, the employee is at risk of losing it.
3. Sick Leave
Kenya’s Employment Act stipulates that after two months of continuous service, an employee is eligible for seven days of paid sick leave and an additional seven days of half-pay sick leave within a 12-month period. To qualify, an employee must present a medical certificate from a licensed medical professional. This policy ensures employees can recuperate without financial strain and that sick leave is used responsibly.
4. Additional Leave Types
While not explicitly mentioned in the Employment Act, various types of leave have become commonplace in Kenyan organizations. Their inclusion often depends on company policy and industry standards.
- Compassionate Leave: This leave allows employees to attend to personal emergencies, such as family illness or bereavement. Compassionate leave is typically unpaid or determined by the company’s discretion.
- Compulsory Leave: This is administrative leave imposed on an employee, often to facilitate investigations related to possible employment offences. It is an effective way for companies to maintain professional integrity during sensitive inquiries.
- Leave of Absence: Some employers allow employees to request extended unpaid leave for personal reasons, typically for academic pursuits, family obligations, or travel. The duration is subject to company policy.
Other Key Provisions of Kenyan Labour Law
Termination and Resignation
Employment contracts in Kenya can be terminated by either party, provided a proper notice period is observed. The duration of this notice depends on the terms of employment, typically ranging from one day for casual workers to one month for salaried employees. If the required notice is not provided, the defaulting party must pay compensation in lieu of notice. Kenyan law also protects employees from unfair termination, requiring employers to provide clear reasons, especially in cases of performance or misconduct.
Retrenchment
Retrenchment, or layoffs due to economic or structural reasons, is addressed under the Employment Act. Selection criteria for retrenchment must consider factors such as seniority, skills, and reliability. Employers must also notify trade union representatives at least 30 days in advance for unionized employees and provide severance pay equivalent to 15 days of wages per year worked for affected employees.
The labour laws in Kenya serve to uphold a balance between the rights of employees and employers, providing clarity on employment terms, leave entitlements, and other work-related issues. Understanding these legal protections empowers employees to exercise their rights confidently while ensuring compliance from employers.
