Leave policy in Kenya

A leave policy outlines the various types of paid and unpaid leave to which employees are entitled. It also helps set expectations between the employer and employee from day one.

If you’re hiring in Kenya or planning to expand operations there, it’s essential to understand how leave entitlements are structured under local law. 

The leave policy in Kenya is governed by the Employment Act and applies to both local and foreign employees. Aligning with these local leave policies helps you build trust and avoid legal disputes.

In this guide, you’ll find a breakdown of Kenya’s statutory leave entitlements and their implications- annual leave, sick leave, maternity and paternity leave, and public holidays. 

Vacation & annual leave in Kenya

As an employer hiring in Kenya, you’re required to provide paid annual leave to the employees. 

• An employee gets at least 21 working days of paid annual leave if they have served the company for 12 consecutive months.
• An employee who has worked for at least two consecutive months is entitled to a minimum of 1.75 days of paid leave for each completed month.
• Annual leaves can be split into parts, provided the employee agrees. However, at least one of those parts must be two weeks. 
• The majority of the annual leave policy in Kenya should be used within 12 months of earning it. Any remaining balance can be carried forward and used no later than 18 months from the end of the leave-earning period. 

Public holidays in Kenya

The Kenyan government observes 12 public holidays, during which all institutions and workplaces suspend operations for the day. 

Here’s a list of public holidays in Kenya: 

• New Year’s Day
• Good Friday
• Easter Monday
• Labor Day
• Madaraka Day
• Eid al-Fitr
• Eid al-Adha
• Utamaduni Day 
• Mashujaa Day
• Jamhuri Day
• Christmas Day
• Boxing Day

Sick leave in Kenya

After working for two consecutive months, every employee is eligible for statutory sick leave under Kenyan labor law. The sick leave policy in Kenya includes:

• The employee is entitled to up to 14 days of sick leave in a year.
• The first seven days are paid at full salary, while the next seven days are paid at half salary.

However, employers may request a medical certificate from a qualified doctor, pharmacist, or medical centre. Employees are also required to notify their employer about their illness and inability to work as soon as reasonably possible. 

Maternity leave in Kenya

Under the Kenyan Employment Act, female employees are entitled to three months (90 days) of paid maternity leave. 

This leave can be extended if the employer agrees, especially for medical reasons or if the employee takes other types of leave, such as annual, sick, or compassionate leave, immediately after maternity leave. 

When her leave ends, the employee has the right to return to her previous job or a similar one with the same pay and working conditions.

The employee must give her employer written notice at least seven days before starting her maternity leave. In some situations, shorter notice may be accepted if it’s reasonable. 

The employer can request a medical note from a doctor or midwife to confirm the pregnancy or to verify that the employee is ready to return to work. Taking maternity leave does not reduce her right to take annual leave later.

Paternity leave policy in Kenya

Male employees are also entitled to two weeks of paternity leave with full pay under Kenyan law.

Other leaves in Kenya

Additionally, Kenyan labor laws suggest the entitlement to the following types of leave.

Pre-adoptive leave in Kenya

As per the 2021 Employment (Amendment) Act, adoptive parents get one month of paid leave. The requirements for the pre-adoptive leave policy are listed below.

• An employee is eligible for adoption leave in Kenya if a child is officially being placed in the employee’s care by an adoption society registered under the Children Act.
• The leave starts from the day the child is placed in the employee’s custody, for which they are entitled to full pay during this period.
• A written notice must be served on the employer at least 14 days before the placement.
• Employees are required to submit official documents from the adoption society, such as a custody agreement and an exit certificate.
• The rules for maternity leave (like returning to your job after leave and not losing your annual leave) also apply to pre-adoptive leave, with a few adjustments.

Explore Payoneer Workforce Management in Kenya

The leave policy in Kenya is part of employees’ rights and benefits. Tracking and managing these benefits accurately can be a time-consuming and challenging process, often involving a significant amount of paperwork. 

Payoneer Workforce Management enables you to onboard, pay and manage Kenyan talent, along with navigating time-off management and leave policies through a structured and compliant process. 

Book a demo today!

FAQs

1. How many annual leave days are there in Kenya?

Employees in Kenya are entitled to a minimum of 21 working days of paid annual leave after completing 12 consecutive months of service. This does not include public holidays, sick leave, maternity or paternity leave, or other special leave entitlements as defined in the Employment Act.

2. What is the standard leave policy in Kenya?

In Kenya, leave entitlements are primarily governed by the Employment Act, 2007. In Kenya, employees are entitled to 21 paid annual leave days after 12 months of service, 30 sick leave days, 90 days of maternity leave, and 14 days of paternity leave.  

3. What is the leave carry-forward policy in Kenya?

In Kenya, annual leave is commonly expected to be used within 12 months. The unused days can be carried forward, but must be used within six months, which means the maximum usage period is 18 months from when the leaves are earned.