Leave rules cause more workplace disputes than almost any other topic, mostly because people confuse the different types. The Employment Act sets minimum entitlements for annual, sick, maternity and paternity leave. Contracts and company policies can offer more but never less. This guide covers the three leave types that are not annual leave. For annual leave, see annual leave rights and leave pay.

Sick leave

After an employee has worked for two consecutive months, they are entitled to sick leave, subject to a medical certificate from a registered practitioner or a hospital. The minimum is seven days on full pay, followed by seven days on half pay in each period of twelve months. Further sick leave is at the employer's discretion or the contract. The certificate protects both sides: it is the proof the absence was genuine, and the employer cannot dismiss someone simply for being ill with a valid certificate. Employers should record sick days on an absence tracker so they apply the full and half pay split correctly.

Maternity leave

A female employee is entitled to three months of maternity leave with full pay, and this is in addition to her annual leave. She must give the employer at least seven days' notice of the date she intends to begin leave, or a shorter notice if circumstances require it. She is entitled to return to the same job or a comparable one on no worse terms. Maternity leave does not affect her right to annual leave for that year. An employer cannot terminate employment because of pregnancy. If the leave overlaps a year end, pay is calculated on her ordinary wage for the days off.

Paternity leave

A male employee is entitled to two weeks of paternity leave with full pay when his spouse gives birth. It does not come out of annual leave. Notice should be given in good time, and the employer may ask for proof, such as a birth notification, in line with its policy.

How leave pay is taxed

Pay for sick, maternity and paternity leave is ordinary employment income. It is included in gross pay for PAYE, NSSF, SHIF and the housing levy, as if the employee had worked. Half pay during sick leave means those deductions are calculated on the lower amount. Use the PAYE calculator to see take-home pay at full and half pay, and remember that the contribution tiers are described in NSSF contributions explained.

Leave and the cost to the employer

For small businesses, covering a long absence is a real cost, because the employer pays the absent employee and often a replacement. Plan for it:

Common questions

Can an employer ask for a medical certificate for one day? Yes, the Act allows the employer to require a certificate for the sick leave pay entitlement, although many employers accept a note for short absences.

Is a person on probation entitled to sick leave? The two-month qualifying period still applies. Maternity leave has no minimum service period in the Act.

What if I am sick while on annual leave? Ask in writing for the sick days to be treated as sick leave, with a certificate, so your annual leave is not used up.

Do part-time and fixed-term employees qualify? Yes, the rights depend on the employment relationship, not the number of hours, although pay is pro-rated.

Where to check

The Act is on the Kenya Law website, and your contract may give more than the minimum. If you are unsure, ask your employer to state in writing which clause applies. For disputes, the Ministry of Labour's county offices can help before any court step. Employees whose employment ends during leave should read probation, contracts and notice periods to understand the pay due at exit.

For a full list of statutory deadlines and obligations as an employer, see the KRA filing calendar for small businesses.

Frequently asked questions

Does maternity leave count towards my annual leave? No. Maternity leave is separate, so your annual leave remains available once you return.

Can I split maternity leave? The Act gives three months starting around the birth. Some employers allow flexible arrangements by agreement, but the minimum should not be reduced.

Does an employer have to pay me while I am off sick without a certificate? The statutory pay depends on a certificate from a registered medical practitioner. Without one the employer may treat the days as unpaid or as annual leave under its policy.

Do contract and casual staff get these rights? Rights follow the employment relationship. A casual worker who has worked continuously for a month is treated as a monthly employee.