ADVOKS GLOBAL · KENYA
Employment Act
29. Maternity leave
Edition: 2024-04-26 · In force
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 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.