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2 Oct 2026
By RecruitFinds
Employees in Kenya have statutory rights to certain types of leave, including maternity leave, paternity leave and sick leave. Understanding these rights is important because employees may sometimes hesitate to take leave because they are worried about how management or colleagues will react.
Family responsibilities and illness are normal parts of working life. An employee should therefore understand the applicable rules, communicate appropriately with management and plan their absence responsibly.
The Employment Act, 2007 sets out the statutory framework for maternity, paternity and sick leave. The law also provides protections relating to an employee's return to work after maternity leave.
Under section 29 of the Employment Act, a female employee is entitled to three months of maternity leave with full pay. The law also provides a right to return to the job held immediately before maternity leave, or to a reasonably suitable job on terms and conditions that are not less favourable than those that would have applied had the employee not taken maternity leave.
This means maternity leave is not simply an informal arrangement between an employee and employer. It is a statutory entitlement.
The statutory entitlement is:
Three months of maternity leave with full pay.
An employee can therefore plan for a three-month maternity period when discussing the expected leave dates with management.
The law also provides that taking maternity leave does not cause an employee to lose her annual leave entitlement.
Employees should communicate their plans early.
The Employment Act requires written notice of at least seven days stating the intended date of starting maternity leave and the intended date of returning to work. The law allows a shorter notice period where it is reasonable in the circumstances. An employer may also require a certificate concerning the employee's medical condition from a qualified medical practitioner or midwife.
In practice, do not wait until the last possible moment if you already know approximately when your leave will begin.
Early communication gives your employer time to:
Reassign responsibilities.
Inform colleagues.
Arrange temporary cover.
Complete urgent work.
Plan meetings around your absence.
Prepare for your eventual return.
Subject: Maternity Leave Notification
Dear [Manager's Name],
I am writing to formally notify you of my intention to proceed on maternity leave from [date]. Based on the applicable leave period, I currently expect to resume work on [date].
I will work with the team before my leave begins to ensure that my current responsibilities are properly handed over. I will also provide a detailed handover note covering ongoing assignments, deadlines, key contacts and any matters requiring follow-up during my absence.
Please let me know if there are any additional documents or arrangements required before my leave begins.
Kind regards,
[Name]
An employee has a statutory right to return to her previous job or a reasonably suitable job on terms and conditions that are not less favourable than those that would have applied if she had not taken maternity leave.
Employees should therefore keep copies of their employment documents and important correspondence relating to their leave.
If the employee's circumstances require additional time away from work, this should be discussed with the employer and handled under the applicable leave provisions rather than simply failing to report to work.
The Employment Act also provides for circumstances where maternity leave may be extended with the employer's consent, or where another type of leave immediately follows maternity leave.
Male employees are also entitled to statutory family leave.
Section 29 of the Employment Act provides for two weeks of paternity leave with full pay.
An employee planning to take paternity leave should communicate with the employer as early as reasonably possible.
This is particularly useful where the employee has important projects, client responsibilities, scheduled meetings or supervisory duties that need temporary cover.
Subject: Paternity Leave Request
Dear [Manager's Name],
I would like to formally notify you that I intend to take my statutory paternity leave from [date] to [date].
Before the leave begins, I will complete any urgent tasks and prepare a handover covering my ongoing responsibilities, deadlines and matters requiring attention during my absence.
I will also coordinate with [colleague/team member] regarding any responsibilities that require temporary follow-up.
Thank you for your support and understanding.
Kind regards,
[Name]
Sick leave operates differently from maternity and paternity leave.
Under section 30 of the Employment Act, after two consecutive months of service, an employee is entitled to at least:
Seven days of sick leave with full pay; followed by
Seven days of sick leave with half pay;
during each period of twelve consecutive months of service, subject to the statutory requirements.
This means the statutory minimum is not simply "14 fully paid sick days."
The first seven days are at full pay and the following seven days are at half pay.
An employer may provide more generous sick-leave terms through an employment contract, collective agreement or workplace policy.
The Employment Act requires the employee to produce a certificate of incapacity to work signed by a duly qualified medical practitioner or a person acting on the practitioner's behalf at a dispensary or medical aid centre.
Employees should therefore follow their employer's procedures for submitting medical documentation.
If you become sick and cannot report to work, notify your employer or ensure that someone notifies the employer as soon as reasonably practicable.
The law specifically requires notification of the absence and the reason for it in order to qualify for sick leave with full pay.
Not every illness gives an employee the opportunity to send a carefully prepared email before the working day begins.
If you suddenly become unwell, notify your manager, HR department or another designated workplace contact as soon as reasonably practicable.
A short message can be enough initially:
"Good morning [Name]. I am unwell and unable to report to work today. I am seeking medical attention and will provide the required medical documentation as soon as possible. I will keep you updated regarding my expected return."
The important thing is to follow the company's established reporting procedure.
A longer health situation may require more planning than an ordinary short illness.
An employee should avoid simply disappearing from work because they are worried about discussing their condition.
Instead, communicate with HR or management about the appropriate leave process and provide the documentation required under the employment contract, workplace policy and applicable law.
Depending on the circumstances, other forms of leave or workplace arrangements may also become relevant.
Employees dealing with prolonged illness may benefit from discussing practical issues such as:
Expected absence period
Medical documentation
Work handover
Outstanding deadlines
Communication during leave
Expected return date
Any workplace arrangements that may be appropriate
The exact arrangement will depend on the employee's circumstances and applicable workplace rules.
Whether you are going on maternity leave, paternity leave or an extended period of sick leave, a proper handover protects both you and your employer.
A useful handover document should contain the information another employee needs to continue your work.
Write down the main activities you handle.
For example:
Payroll support
Customer accounts
Supplier communication
Recruitment activities
Weekly reports
Project administration
Clearly show what has already been completed and what remains outstanding.
List important dates so that another employee does not accidentally miss a submission, meeting or client commitment.
Include relevant:
Clients
Suppliers
Internal departments
Managers
Service providers
Project partners
A simple status system can make the handover easier:
Completed: No further action required.
In progress: Work is underway and needs follow-up.
Pending: Waiting for information or approval.
Urgent: Requires attention during your absence.
Where management has assigned someone to cover your responsibilities, clearly state who is handling each task.
ResponsibilityCurrent StatusNext ActionDeadlinePerson HandlingMonthly reportIn progressComplete final review5th[Name]Supplier paymentPending approvalFollow up with Finance8th[Name]Client accountActiveRespond to outstanding query10th[Name]Project meetingScheduledAttend and provide update12th[Name]
A simple table can be more useful than several pages of general explanations.
Good communication does not mean constantly contacting your workplace while you are on leave.
The appropriate level of communication depends on the type of leave, your workplace policy and your circumstances.
Before going on leave, clarify whether management expects any communication during your absence.
For example:
"Before I begin my leave, please let me know whether there are any specific arrangements for communication during my absence."
For medical leave, particularly where the employee is seriously unwell, communication should remain reasonable and consistent with medical advice.
The objective of leave is to allow the employee to take the necessary time away from work.
If you know your expected return date, communicate it clearly.
For example:
"My current expected return date is 15 September. I will notify you if there is any change that affects the return date."
For maternity leave, the law specifically recognises the employee's right to return to work after the maternity period under the conditions set out in section 29.
Before returning, you can also ask HR or your manager whether there have been any changes to:
Reporting structure
Work location
Projects
Systems
Team responsibilities
Work schedules
This allows you to prepare for your first day back.
Whenever you submit a formal leave request, keep a copy.
Useful records can include:
Leave request
Employer's approval
Medical documentation
Handover document
Important emails
Expected return date
Any written changes to the leave arrangement
This is particularly useful if there is later a disagreement about when leave was requested, approved or expected to end.
The Employment Act provides statutory minimum rights, but an employer may offer more generous terms.
For example, an employment contract or collective agreement may provide more sick leave than the statutory minimum.
Therefore, employees should read:
Employment contract
HR manual
Collective bargaining agreement, where applicable
Company leave policy
Do not assume that the statutory minimum is necessarily the full benefit available at your workplace.
Type of leaveStatutory entitlementMaternity leave3 months with full payPaternity leave2 weeks with full paySick leaveAfter 2 consecutive months: 7 days full pay, followed by 7 days half pay in each 12-month period, subject to statutory requirements
These are statutory minimum provisions under the Employment Act; individual employment contracts, collective agreements or workplace policies may provide additional benefits.
Maternity, paternity and sick leave are important parts of employment in Kenya. Employees should understand their statutory entitlements and communicate their leave plans professionally.
For maternity leave, the law provides three months with full pay and protects the employee's return to the previous or a reasonably suitable position on no less favourable terms. Male employees are entitled to two weeks of paternity leave with full pay. Sick leave provides a minimum of seven days at full pay followed by seven days at half pay after two consecutive months of service, subject to the statutory requirements.
Good communication can also make the process easier for everyone.
Notify management in writing, provide the required documentation, prepare a clear handover and identify important deadlines before you leave.
Taking statutory leave is part of working life. Planning it professionally allows you to protect your rights while also helping your team maintain continuity during your absence.
