Becoming a parent should not cost you your job or your income. Kenya’s Employment Act, 2007 gives employees specific rights to paid leave when a child is born or placed for adoption, and protects them from being dismissed or penalised for taking it. This guide explains those rights and what to do if your employer does not respect them.
Maternity leave
Under section 29 of the Act, a female employee is entitled to three months’ maternity leave on full pay. Maternity leave is in addition to annual leave: an employee does not lose her annual leave entitlement because she took maternity leave.
Notice
The employee must give her employer at least seven days’ written notice, or a shorter period if that is reasonable in the circumstances, of her intention to go on maternity leave on a specific date and to return to work afterwards. The employer may ask for a medical certificate.
Returning to work
When maternity leave ends, the employee is entitled to return to the job she held immediately before the leave, or to a reasonably suitable job on terms no less favourable than if she had not taken leave.
Paternity leave
A male employee is entitled to two weeks’ paternity leave on full pay.
Pre-adoptive leave
The Employment (Amendment) Act, 2021 introduced pre-adoptive leave in a new section 29A.
- An employee adopting a child is entitled to one month’s pre-adoptive leave on full pay. The entitlement is the same for men and women.
- The leave begins when the child is placed in the employee’s continuous care and control under the Children Act.
- The employee must notify the employer in writing at least 14 days before the placement, attaching documents from the adoption society, such as the custody agreement and the exit certificate authorising the employee to take the child.
- On return, the employee is entitled to their previous job or a reasonably suitable one on terms no less favourable, and does not lose their annual leave.
Protection from discrimination and dismissal
- Under section 5, an employer must not discriminate against an employee or job applicant on grounds that include pregnancy.
- Under section 46, a female employee’s pregnancy, or any reason connected with it, is not a fair reason for dismissal or for imposing a disciplinary penalty. Nor is the fact that an employee took, or proposed to take, leave to which they are entitled.
Article 27 of the Constitution also prohibits discrimination on the ground of pregnancy.
A dismissal because of pregnancy or maternity leave is unfair, and may also be discriminatory. Our guide to unfair termination explains the remedies.
Breastfeeding at work
The Health Act, 2017 requires employers to provide lactation stations at the workplace for employees who are breastfeeding. A Breastfeeding Mothers Bill proposing more detailed obligations, such as minimum standards for lactation rooms and paid nursing breaks, has been before Parliament.
Proposals for longer leave
Bills proposing longer maternity leave, including six months, have been put forward. Unless and until any of them becomes law, the entitlements in this guide apply. Some employers and collective bargaining agreements already provide more generous terms. The Act sets a minimum: a contract may give you more, but not less.
Who pays?
Maternity, paternity and pre-adoptive leave are paid by the employer, at full pay. There is currently no state benefit that replaces the employer’s obligation.
What to do if your employer refuses
- Put your request in writing, quoting the relevant section of the Act, and keep a copy.
- Raise the matter internally, through human resources or a grievance procedure.
- Complain to the county labour office. A labour officer can intervene and attempt to resolve the dispute.
- File a claim in the Employment and Labour Relations Court. Claims must generally be brought within three years. Where the injury is continuing, the claim must be brought within 12 months after it ends.
Frequently asked questions
Can I be declared redundant while on maternity leave?
A genuine redundancy can happen at any time, but it must follow the procedure in section 40 of the Act, and an employee must not be selected because of her pregnancy or her leave. A “redundancy” that is really about the pregnancy is an unfair dismissal.
Can my employer refuse paternity leave because we are busy?
No. Paternity leave is a statutory entitlement. The employer can discuss timing with you, but cannot refuse it.
Does pre-adoptive leave apply if I adopt a relative’s child?
Section 29A is linked to a placement for adoption through an adoption society under the Children Act. If your circumstances are different, take advice on how the law applies to you.
How we can help
We advise employees and employers on leave entitlements, discrimination and dismissal claims, and represent clients before the Employment and Labour Relations Court. We also help employers draft compliant family-leave policies. Contact Odek Law Advocates.
This article provides general information on Kenyan law as at October 2026 and is not legal advice. Please seek advice on your specific situation.