Employee Leave Entitlements in Kenya: Annual, Sick, Maternity & Paternity
Managing leave correctly protects both team productivity and your financial bottom line. Accrued, untaken leave represents an unfunded financial liability that must be paid out in cash upon employee exit.
Key Statutory Leave Rules:
1. Annual Leave (Section 28)
- Entitlement: Minimum 21 working days of fully paid leave after 12 consecutive months of service. It accrues at 1.75 days per month worked.
- Forfeiture Rules: Blanket "use-it-or-lose-it" clauses are unenforceable. Unused leave must be carried forward or taken within 18 months of the end of the leave year in which it accrued.
- Cash Conversion: An employer cannot buy out leave during active employment. Leave can only be converted to cash payment upon termination or resignation.
2. Maternity & Paternity Leave (Section 29)
- Maternity: Female employees are entitled to 3 months (90 consecutive days) fully paid maternity leave. Taking maternity leave does not deduct from or forfeit annual leave entitlement.
- Paternity: Male employees are entitled to 2 weeks (14 consecutive days) fully paid paternity leave.
- Protection: Dismissing a female employee due to pregnancy or maternity absence is automatically unfair termination, triggering heavy ELRC compensation penalties.
3. Sick Leave (Section 30)
- Employees become eligible after 2 consecutive months of service.
- Entitlement: Minimum 7 days on full pay, followed by 7 days on half pay in each 12-month cycle.
- Requires a valid medical certificate (sick note) signed by a registered medical practitioner.