Kenya labour law: Rights and duties of workers

HOURS OF WORK-An employer regulates the working hours of each employee but the employee shall be entitled to at least one rest day in every period of seven

ANNUAL LEAVE-An employee under Kenya law is entitled-
(a) after every twelve consecutive months of service with his employer to not less than twenty-one
working days of leave with full pay;
(b) where employment is terminated after the completion of two or more consecutive months of
service during any twelve months’ leave-earning period, to not less than one and three-quarter days
of leave with full pay, in respect of each completed month of service in that period, to be taken
consecutively.
An employer may, with the consent of the employee divide the minimum annual leave entitlement into different parts to be taken at different intervals.This parts should consist of at least two uninterrupted working weeks.The uninterrupted part of the annual leave with
pay shall be granted and taken
during the twelve consecutive months of service and the remainder of the annual leave with
pay shall be taken not later than eighteen months from the end
of the leave earning period.

MATERNITY LEAVE- A female employee under Kenya laws is be entitled to three months maternity leave with full pay.On expiry of a female employee’s maternity leave, the female employee shall have the right to return to the job which she held immediately prior to her maternity leave or to a reasonably suitable job on terms and conditions not less favourable than those which would have applied had she not been on
maternity leave.A female employee who seeks to exercise any of the rights mentioned in this section shall, if required by the employer, produce a certificate as to her medical condition from a qualified medical practitioner or midwife.No female employee shall forfeit her annual leave entitlement under section 28 on account of having taken her maternity leave.A male employer shall be entitled to two weeks paternity leave with full pay.

SICK LEAVE- After two consecutive months of service with his employer, an employee shall be entitled to sick leave of not less than seven days with full pay and thereafter to sick leave of seven days with half pay, in each period of twelve consecutive months of service, subject to production by the employee of a certificate of incapacity to work signed by a duly qualified medical practitioner or a person acting on the practitioner’s behalf in charge of a dispensary or medical aid centre.For an employee to be entitled to sick leave with full pay, the employee shall notify or cause to be notified as soon as is reasonably practicable his employer of his absence and the reasons for it.

HOUSING- An employer shall at all times, at his own expense, provide reasonable housing accommodation for each of his employees either at or near to the place of employment, or shall pay to the employee such sufficient sum, as rent, in addition to the wages or salary of the employee, as will enable the employee to obtain reasonable accommodation.

WATER- An employer shall provide a sufficient supply of wholesome water for the use of his employees at the place of employment and, as the case may be, within a reasonable
distance of any housing accommodation provided for the employees by the employer.

FOOD- An employer shall, where the provision of food has been expressly agreed to in or at the time of entering into a contract of service, ensure that an employee is properly fed and supplied with sufficient and proper cooking utensils and means of cooking, at the employer’s expense.

MEDICAL ATTENTION- An employer should ensure the provision sufficient and of proper medicine for his employees during illness and if possible, medical attendance during serious illness.An employer shall take all reasonable steps to ensure that he is notified of the illness of an employee as soon as reasonably practicable after the first occurrence of the illness.It shall be a defence to a prosecution for an offence if the employer shows that he did not know that the employee was ill and that he took all reasonable
steps to ensure that the illness was brought to his notice or that it would have been unreasonable, in all the circumstances of the case, to have required him to know that the employee
was ill.This does not apply where-
(a) the illness or injury to the employee was contracted during a period when the employee
was absent from his employment without lawful cause or excuse;
(b) the illness or injury is proved to have been self inflicted;
(c) medical treatment is provided free of charge by the Government or under any insurance scheme
established under any written law which covers the employee.