What are the sick leave regulations in Kenya?

In Kenya, employees are entitled to sick leave under specific conditions as outlined in the Employment Act. Understanding these provisions is crucial for both employees and employers to ensure compliance with the law.

Eligibility and Duration of Sick Leave

1. Sick Leave Entitlement:

   • After completing two consecutive months of service with an employer, an employee becomes eligible for sick leave.
   • Full Pay: The employee is entitled to 7 days of sick leave with full pay.
   • Half Pay: Following the initial 7 days of full pay, the employee is entitled to an additional 7 days of sick leave with half pay.

2. Medical Certification:

   • To access sick leave, the employee must provide a medical certificate that verifies their incapacity to work. This certificate must be signed by a duly qualified medical practitioner or an authorized person in charge of a dispensary or medical aid center.

3. Notification Requirement:

   • For an employee to be entitled to sick leave with full pay, it is required that the employee, or someone on their behalf, notify the employer of their absence and the reason for it as soon as reasonably practicable.

Definition of Full Pay

• Full Pay Definition: In the context of sick leave, "full pay" refers to the employee’s basic wages. This does not include any deductions that are allowed under Section 19 of the Employment Act, such as statutory deductions or other lawful deductions.

Key Takeaways

• Employees are entitled to sick leave after two months of continuous service.
• Sick leave is granted in two parts: 7 days with full pay and an additional 7 days with half pay.
• A medical certificate is necessary to qualify for sick leave.
• Notification to the employer about the absence is mandatory to access full pay sick leave.