Employment Law: Maternity Leave Laws in Kenya

Below is section 29 of the Kenya Employment act which provides for laws pertaining maternity leave in Kenya

29. Maternity leave
(1) A female employee shall be entitled to three months maternity leave with
full pay.
(2) On expiry of a female employee’s maternity leave as provided in
subsections (1) and (3), 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.
(3) Where—
(a) the maternity leave has been extended with the consent of the
employer; or
(b) immediately on expiry of maternity leave before resuming her duties
a female employee proceeds on sick leave or with the consent of
the employer on annual leave; compassionate leave; or any other
leave,
the three months maternity leave under subsection (1) shall be deemed to expire
on the last day of such extended leave.
(4) A female employee shall only be entitled to the rights mentioned in
subsections (1), (2) and (3) if she gives not less than seven days notice in
advance or a shorter period as may be reasonable in the circumstances of her
intention to proceed on maternity leave on a specific date and to return to work
thereafter.
(5) The notice referred to in subsection (4) shall be in writing.
(6) 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.
(7) No female employee shall forfeit her annual leave entitlement under
section 28 on account of having taken her maternity leave.
(8) A male employee shall be entitled to two weeks paternity leave with full
pay.


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