What are the Maternity and Paternity Leave regulations in Kenya?

Kenya's Employment Act provides guidelines for both maternity and paternity leave to support employees during significant life events, such as childbirth. Below is a comprehensive overview of the rights and procedures associated with maternity and paternity leave in Kenya. 


Maternity Leave in Kenya

  1. Eligibility:

    • All female employees are entitled to maternity leave, regardless of how long they have been employed by their current employer. There is no minimum service period required.

  2. Duration:

    • Maternity leave in Kenya lasts for 3 months (90 calendar days) with full pay. This leave can be taken either before or after the expected delivery date, depending on the employee’s preference.

  3. Procedure:

    • To take maternity leave, employees must inform their employer in writing at least 7 days before the start of the leave. In cases of unforeseen circumstances, such as early delivery, this notice period can be adjusted accordingly.

  4. Protection:

    • During maternity leave, an employee’s job is protected. The employee is entitled to return to the same position or a similar role with similar terms and conditions after the leave ends. Employers are prohibited from dismissing or penalizing employees for reasons related to pregnancy or maternity leave.

  5. Maternity Benefits:

    • Maternity leave is fully paid by the employer. Additionally, employees may claim maternity benefits through the National Hospital Insurance Fund (NHIF) to cover medical expenses associated with childbirth.


Parental Leave (Paternity Leave) in Kenya

  1. Eligibility:

    • Male employees are eligible for paternity leave if they are the legal fathers of the newborn child. Proof of this relationship may be required by the employer.

  2. Duration:

    • Paternity leave in Kenya is granted for 2 weeks (14 calendar days) with full pay.

  3. Procedure:

    • Employees should notify their employer in writing of their intention to take paternity leave, ideally at least 7 days before the leave is set to begin. This allows the employer to make any necessary arrangements during the employee’s absence.

  4. Protection:

    • Paternity leave is fully paid by the employer, and employees are entitled to return to their position or a similar role after their leave ends. Like maternity leave, paternity leave aims to ensure the protection of the employee's job and working conditions upon their return.


Key Takeaways

  • Maternity Leave: Female employees are entitled to 90 days of fully paid leave, with job protection, regardless of their length of employment.
  • Paternity Leave: Male employees are entitled to 14 days of fully paid leave, provided they are the legal fathers of the child, with job protection upon return.
  • Notification: Advance written notice is generally required for both types of leave, with some flexibility for unforeseen circumstances.
  • Job Protection: Employees on maternity or paternity leave are assured the right to return to their job or a similar position after their leave.


These provisions are designed to support employees during the important transition of welcoming a new child, while also maintaining their employment rights and security.


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