Maternity and Paternity Leave in Kenya: An Employer's Guide

Maternity and paternity leave are statutory rights in Kenya, and getting them wrong is a common, avoidable compliance error. Here is what employers need to know under the Employment Act 2007.

Maternity leave

A female employee is entitled to three months (90 days) of maternity leave with full pay. She must give written notice of her intention to take leave and the expected return date. Crucially, maternity leave is in addition to annual leave, it cannot be deducted from it, and an employee cannot be dismissed because of pregnancy or maternity leave.

Paternity leave

A male employee is entitled to two weeks (14 days) of paternity leave with full pay following the birth of his child.

Pay and return to work

Both leaves are paid at full salary. On return, the employee is entitled to return to the same job or a reasonably suitable equivalent on terms no less favourable.

Common employer mistakes

• Treating maternity leave as part of annual leave.
• Pressuring an employee to return early.
• Failing to keep the role open or offering worse terms on return.
• Any adverse action linked to pregnancy, this is unlawful.

Handle leave with confidence

Clear, lawful leave policies protect both your people and your business. Our HR policy and labour law compliance services make sure your handbook and practice match the law.

Disclaimer: This article is general guidance for educational purposes and is not legal advice. Statutory rates and requirements change. For advice specific to your organisation, speak to a qualified HR or legal professional.