Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Kenya. This article explains Kenya’s leave laws, including Compassionate leave Study leave Sick Leave Annual Leave Maternity Leave Paternity leave Leave for work-related injuries Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Compassionate leave | Up to 10 days per year | Not applicable | Not applicable | Not applicable | Not applicable |
Study leave | Varies | Not applicable | Not applicable | Not applicable | Not applicable |
Sick Leave | 14 days per year. | No accrual; granted per year. | No carryover. | No payout on termination. | No. |
Annual Leave | 21 working days per year. | Accrues monthly. | Carryover is permitted. | Paid out on termination. | No. |
Maternity Leave | 90 calendar days. | Not applicable. | Not applicable. | Not applicable. | No. |
Paternity leave | 2 weeks | Not applicable | Not applicable | Not applicable | Not applicable |
Leave for work-related injuries | Entitlement to leave for work-related injuries is based on the injury's severity. | Leave for work-related injuries does not accrue like other leave types. | This leave does not carry over. | No payout is provided for unused work-related injury leave upon termination. | No payout is made at the end of the year for work-related injuries leave. |
Employees may be granted compassionate leave of up to 10 days per year, typically for bereavement or critical family emergencies.
The employer should be informed as soon as possible, with an explanation of the circumstances necessitating the leave.
Compassionate leave requires approval from the employer, and may require documentary evidence of the event.
Additional compassionate leave may be granted based on the employer's policies and the specific circumstances.
Compassionate leave does not accrue and is instead granted based on specific events and needs.
Carry over of compassionate leave is not applicable as it is granted based on specific instances.
There is no payout for unused compassionate leave upon termination as it is granted for specific circumstances.
Unused compassionate leave is not paid out at the end of the year as it does not accrue.
The grant of compassionate leave is highly dependent on the employer's leave policy and the nature of the emergency.
Study leave is not mandated by law but may be granted at the discretion of the employer, often related to work-related courses or professional development.
The required notice period for study leave can vary greatly and typically depends on employer policies and the nature of the study.
Study leave generally requires approval from the employer, and may need justification on how the study relates to the employee's job function.
Additional study leave is entirely at the discretion of the employer and may depend on company policies, relevance of the study to the job, and previous instances of leave.
Study leave does not typically accrue and is instead granted based on individual instances and needs.
Carry over of study leave does not apply as it does not accrue but is granted on a case-by-case basis.
Study leave is not paid out upon termination as it is not an accrued benefit.
There is no end of year payout for study leave as it is granted on a case-by-case basis and does not accrue.
Employers may require proof of enrollment and relevance of the study to the employee's job before granting study leave.
Employees are entitled to 14 days of sick leave with full pay per year after two months of service.
Employees should inform their employer about their sickness as soon as possible to arrange for sick leave.
Sick leave beyond two days usually requires a medical certificate from a qualified medical practitioner to be submitted to the employer.
Additional sick leave may be granted if supported by a medical certificate and depending on company policies.
Sick leave entitlement is not accrued but is granted per year as a single allotment after the initial two months of service.
Unused sick leave does not carry over to the next year; it expires at the end of each year.
There is no payout for unused sick leave upon termination of employment.
Unused sick leave is not paid out at the end of the year.
The application and extension of sick leave may be subject to additional company-specific rules and medical verification requirements.
Employees are entitled to at least 21 working days of paid annual leave after every 12 months of continuous service with the same employer.
Employees are required to give at least 30 days' notice prior to taking their annual leave, although this can vary based on company policy.
Annual leave requires prior approval from the employer, and the timing of leave may be adjusted based on the needs of the business.
Additional annual leave beyond the stipulated 21 days is not common unless specified under contractual agreements or company policy.
Annual leave accrues on a monthly basis, calculated from the date of commencement of employment.
Unused annual leave can be carried over to the next year, but it is usually capped and may depend on company policies.
Any accrued but unused annual leave is paid out upon termination of employment.
There is no statutory requirement for end-of-year payout for unused annual leave; it is typically carried over or forfeited.
Additional rules regarding annual leave may be stipulated in employment contracts or collective bargaining agreements.
Female employees are entitled to 90 calendar days of maternity leave with full pay.
Employees are required to give notice of at least 7 days before the date they intend to commence their maternity leave, unless a medical emergency necessitates earlier leave.
While formal approval may not be required, the employer needs to be notified in advance as stipulated.
There are no statutory provisions for additional maternity leave beyond the 90 days, unless stipulated by company policy or collective agreements.
Maternity leave is a one-time entitlement per childbirth and does not accrue over time.
Maternity leave cannot be carried over as it is tied to each individual pregnancy and childbirth event.
Maternity leave is not subject to payout on termination as it must be used in relation to childbirth.
There is no end-of-year payout for maternity leave as it does not accrue annually but is granted per pregnancy.
Employers are prohibited from dismissing a female employee during her maternity leave or on account of her absence due to childbirth.
Male employees are entitled to 2 weeks of paternity leave with pay upon the birth of their child.
Employers must be informed as soon as reasonably possible before the commencement of paternity leave.
Paternity leave requires approval, typically with proof of the birth or expected birth.
Additional paternity leave beyond the statutory two weeks is not generally available.
Paternity leave does not accrue; it is granted per event (birth of a child).
Carry over does not apply to paternity leave as it is event-based.
Paternity leave is not subject to payout rules as it must be taken for the event it is intended for.
There is no end of year payout for paternity leave as it is not accrued annually.
There are no additional statutory rules concerning paternity leave.
The injured employee is entitled to paid leave as per the Work Injury Benefits Act (WIBA), which covers injuries sustained while performing work duties. The duration of leave depends on the severity of the injury, and it could extend until full recovery is achieved or a permanent disability is determined.
An employee can immediately report an injury and be granted leave without a formal notice period. However, the employee must notify the employer as soon as possible, and the employer may require documentation or medical reports.
While the employee is entitled to leave under the Work Injury Benefits Act, approval from the employer is necessary. The employer must assess the injury and provide the necessary medical care, but they are generally required to approve the leave.
There are no provisions for additional quota for work-related injury leave under the law. The leave is granted based on the severity of the injury and the recovery period. However, in case of permanent disability, the employee may be entitled to compensation.
This type of leave is not accrued annually or in regular intervals like annual leave. It is a one-time entitlement granted based on the nature of the injury and the duration of recovery.
Leave for work-related injuries is specific to the injury sustained and is not carried over from year to year. The leave duration is based on medical evaluation and recovery, and it does not accumulate over time.
Since the leave is specific to the injury and is not accrued, there is no provision for payout of unused leave upon termination. Instead, if the injury results in a permanent disability, the employee may be entitled to compensation under the Work Injury Benefits Act.
As this leave is granted specifically for work-related injuries and is not accumulated over time, there is no payout at the end of the year. The leave is provided based on the injury's needs and recovery timeline.
Work-related injury leave is covered under the Work Injury Benefits Act, which mandates that the employer provides medical treatment and compensates the employee for lost wages during recovery. If the injury results in permanent disability, the employee may be entitled to compensation, which is separate from the leave entitlement.
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