Employees in Kenya have rights relating to working hours, rest days, annual leave, sick leave, maternity leave, and paternity leave. Understanding employee rights on leave and working hours in Kenya can help employees understand their entitlements while helping employers manage their teams in line with employment requirements.
The Employment Act, 2007 sets minimum conditions of employment, although an employment contract, collective agreement, or another applicable law may provide terms that are more favourable to an employee.
Working Hours and Weekly Rest
Employers are required to regulate employees’ working hours in accordance with the Employment Act and other applicable laws. The Act also provides that an employee is entitled to at least one rest day in every period of seven days.
The exact working arrangement can vary depending on the nature of the job, employment terms, and applicable regulations. Businesses should therefore have clear working schedules and communicate them properly to employees.
Employees should also understand whether their contracts or applicable wage regulations provide additional terms relating to working hours, overtime, or work performed on rest days.
Annual Leave Entitlement
Annual leave is one of the main statutory leave entitlements for employees in Kenya. Under Section 28 of the Employment Act, an employee who completes twelve consecutive months of service is entitled to at least 21 working days of leave with full pay.
The law allows an employer and employee to agree to divide annual leave into different periods. Where leave is divided, the Act sets requirements concerning part of the leave being taken as an uninterrupted period, unless different arrangements apply under an agreement or collective agreement.
Employers should keep accurate records of leave entitlement, leave taken, and outstanding leave. The Employment Act specifically requires employers to maintain records relating to employees’ annual leave.
Sick Leave
Employees who have completed two consecutive months of service are entitled to sick leave of at least seven days with full pay, followed by seven days with half pay during each twelve month period of service, subject to the requirements set out in the law. A certificate of incapacity to work from a qualified medical practitioner or an authorised medical facility is required.
Employees should also notify their employer, or arrange for the employer to be notified, as soon as reasonably practicable when they are absent because of illness.
Sick leave should therefore not be treated in the same way as annual leave. The circumstances and documentation requirements are different.
Maternity Leave
The Employment Act provides female employees with three months of maternity leave with full pay. The law also provides for a return to the employee’s previous job or a reasonably suitable job on terms and conditions that are not less favourable than those that would have applied had the employee not taken maternity leave.
Taking maternity leave also does not cause an employee to lose their annual leave entitlement.
Employers should therefore make appropriate arrangements for maternity leave and the employee’s return to work.
Paternity Leave
Male employees are entitled to two weeks of paternity leave with full pay under the Employment Act.
Businesses should have clear procedures for employees who need to request this leave and should communicate the relevant requirements to their teams.
Leave Records Matter
Proper leave management is important for both employees and employers. Employees should be able to understand how much leave they have earned, how much they have taken, and what remains available.
Employers are required to maintain records covering annual leave, maternity leave, sick leave, and weekly rest days.
Poor record keeping can create confusion, particularly when an employee believes they have outstanding leave or when management needs to confirm previous leave arrangements.
A simple and organised leave management system can make these matters easier to track.
Employees Also Have Responsibilities
Having statutory leave rights does not mean that employees can simply be absent without following workplace procedures. Employees may need to give notice, obtain approval, provide medical documentation, or follow other reasonable workplace requirements depending on the type of leave involved.
For example, an employee seeking sick leave must notify the employer as soon as reasonably practicable and meet the applicable certification requirement.
Clear communication between employees and management can therefore prevent many misunderstandings about leave.
What Employers Should Do
Businesses should have clear HR processes covering working hours and different types of leave. Managers should know how requests are received, approved, recorded, and communicated.
A practical HR process can include:
- Clear working schedules: Employees should understand their normal working arrangements and rest days.
- Leave records: Keep accurate information on leave earned, taken, and remaining.
- Leave procedures: Explain how employees should apply for different types of leave.
- Proper documentation: Keep relevant records and supporting documents where required.
- Manager guidance: Make sure supervisors understand the company’s leave procedures and applicable employment requirements.
These steps can help businesses manage employee leave more consistently.
Why Professional HR Support Can Help
Leave and working hours may appear straightforward when a business has a small team. As the workforce grows, however, managing different leave requests, schedules, records, and employee questions can become increasingly difficult.
HR consultancy can help businesses review their existing processes and identify areas that need improvement. Professional support can also help managers understand how to handle employee related matters more consistently.
Businesses should also review their employment contracts, workplace policies, and applicable employment requirements rather than relying on informal arrangements.
Get Professional HR Consultancy Support
Coveted HR Services Ltd provides HR consultancy services to businesses that need support with employee management and workplace processes. We help businesses develop clearer HR procedures, manage employee related matters, and review practices relating to leave, working arrangements, performance, workplace policies, and other HR needs.
If your business needs help managing employee leave or improving its HR processes, contact Coveted HR Services Ltd today.
📞 Call/WhatsApp: 0798 330026
📧 Email: info@covetedhrservices.co.ke