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Kenya - Maternity protection - 2011


LAST UPDATE

8 April 2011

Data quantity

NORMAL

SOURCES


Name of Act

Employment Act 2007, Kenya Gazette Supplement No. 107 (Acts No. 11) Nairobi 26 October 2007 pp357-436

Name of Act

National Social Security Fund Act - Chapter 258, National Social Security Fund [Rev 1989] as published by the Government of Kenya, Ministry of Labour (www.labour.go.ke) and accessed 8 April 2011

Name of Act

National Hospital Insurance Fund Act No. 9 of 1998, An Act of Parliament to establish a National Hospital Insurance Fund; to provide for contributions to and the payment of benefits out of the Fund; to establish the National Hospital Insurance Fund Management Board and for connected purposes

Name of Act

Occupational Safety and Health Act 2007, An Act of Parliament to provide for the safety, health and welfare of all persons lawfully present at workplaces, to provide for the National Council of Occupational Safety and Health and for connected purposes as published by the Government of Kenya’s Ministry of Labour (www.labour.go.ke) and accessed 8 April 2011

Other source used

Social Security Programs Throughout the World: Africa, 2009 - Kenya as published by the US Social Security Administration, Office for Retirement and Disability Policy and accessed 8 April 2011

MATERNITY LEAVE

The Employment Act 2007 entitles females to 3 months maternity leave with full pay.
Employment Act 2007 §29

Scope

The scope of the maternity leave entitlements mirror the scope of the Employment Act, i.e. all employees employed by any employer under a contract of service (as defined) save for the armed forces, police, National Youth Service and family undertakings in which the only employees are dependants of the employer.

Contract of service is defined to mean an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of the Employement Act applies.
Employment Act 2007 §§2, 3, 29

Qualifying conditions

A female employee shall only be entitled to maternity leave on full pay if she gives not less than 7 days’ written notice in advance, or a shorter period as may be reasonable in the circumstances, of her intention to proceed on maternity leave. A female employee who seeks to exercise her right to maternity leave shall, if required by the employer, produce a certificate as to her medical condition from a qualified medical practitioner or midwife.
Employment Act 2007 §28(4), (5), (6)

Duration

The maternity leave entitlement is 3 months, with the possibility of extension by consent or in the case of illness.
Employment Act 2007 §29(3)

Compulsory leave

No compulsory leave is contemplated by the Employment Act 2007.
Employment Act 2007

General total duration

A female employee shall be entitled to three months maternity leave with full pay.
Employment Act 2007 §29(1)
Historical data (year indicates year of data collection)
  • 2009: A female employee shall be entitled to three months maternity leave with full pay.
  • 2004: Two months
  • 1998: Two months
  • 1994: Two months

Extension

Maternity leave may be extended with the consent of the employer, by taking sick leave or by taking, with the consent of the employer, annual leave, compassionate leave or other leave entitlements. In that event, the 3 months maternity leave entitlement is deemed to expire on the last day of such extended leave.
Employment Act 2007 §29(3)

Leave in case of illness or complications

The Employment Act 2007 does not provide for an entitlement to leave specific to instances of illness or complications related to the pregnancy. However, an employee in that situation will be entitled to take 7 days’ sick leave on full pay, and a further 7 days’ sick leave on half pay, provided she has been employed for 2 consecutive months and produces a certificate of incapacity to work.
Employment Act 2007 §30

RELATED TYPES OF LEAVE

The Employment Act 2007 provides for an entitlement to paternity leave.
Employment Act 2007 §29

Parental leave

No relevant provisions identified.

Paternity leave

A male employee shall be entitled to 2 weeks paternity leave with full pay.
Employment Act 2007 §29(8)
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Scope

The paternity leave entitlement mirrors the scope of the Employment Act 2007.
Employment Act 2007 §§2, 3

Qualifying conditions

No qualifying conditions are imposed on paternity leave.
Employment Act 2007 §28(8)

Length

2 weeks
Employment Act 2007 §29(8)

Adoption leave

No relevant provisions identified.

RIGHT TO PART-TIME WORK

The Employment Act 2007 does not provide for a right to part-time work during or after pregnancy.
Employment Act 2007

CASH BENEFITS

Employees are entitled to full pay when on maternity or paternity leave.
Employment Act 2007 §29

Maternity leave benefits

Maternity leave is to be with full pay.
Employment Act 2007 §29(1)

Scope

The scope of the right to payment reflects the scope of the right to maternity leave.
Employment Act 2007 §29(1)

Qualifying conditions

A female employee shall only be entitled to maternity leave on full pay if she gives not less than 7 days’ written notice in advance, or a shorter period as may be reasonable in the circumstances, of her intention to proceed on maternity leave. A female employee who seeks to exercise her right to maternity leave shall, if required by the employer, produce a certificate as to her medical condition from a qualified medical practitioner or midwife.
Employment Act 2007 §28(4), (5), (6)

Duration

A female employee shall be entitled to 3 months maternity leave with full pay.
Employment Act 2007 §29(1)
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Amount

Full pay
Employment Act 2007 §29(1)
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Historical data (year indicates year of data collection)
  • 2009: The 1976 Employment Act requires employers to pay 100% of earnings.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The employer is to finance maternity leave benefits.
Employment Act 2007 §29
Social Security Programs Throughout the World: Kenya, 2009
Historical data (year indicates year of data collection)
  • 2009: Employers
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Paternity leave benefits

Paternity leave is to be on full pay.
Employment Act 2007 §29(8)
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MEDICAL BENEFITS

Medical benefits may be available in the event of a pregnancy-related illness under the Employment Act 2007 or the National Hospital Insurance Fund 1998.

Pre-natal, childbirth and post-natal care

The Employment Act does not provide for pregnancy-specific medical benefits. However, an employer shall ensure the provision of sufficient and proper medicine for his employees during illness and if possible, medical attendance during serious illness. Further, employees covered by the National Hospital Insurance Fund may be entitled to medical benefits in the event of hospitalisation.
Employment Act 2007 §34
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Financing of benefits

To the extent that the employer is liable to provide medical assistance under §34 of the Employment Act, the benefits are financed by the employer. Where benefits are obtained under the National Hospital Insurance Fund, the benefits are financed by compulsory and voluntary employee contributions.
Employment Act 2007 §34
National Hospital Insurance Fund Act 1998

HEALTH PROTECTION

No statutory requirements specific to the health protection of pregnant women or new mothers identified. However, occupiers have a general duty to ensure the health, safety and welfare of all workers at his worksite under the Occupational Health and Safety Act 2007.
Employment Act 2007
Occupational Safety and Health Act 2007

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

The Employment Act provides for non-discrimination of women and employment security for employees that take maternity leave.
Employment Act 2007

Anti-discrimination measures

An employer shall promote equal opportunity in employment and strive to eliminate discrimination in any employment policy or practice. Further, no employer shall discriminate directly or indirectly against any employee or prospective employee or harass an employee or prospective employee on the grounds of sex or pregnancy in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment.
Employment Act 2007 §5(2), (3)

Prohibition of pregnancy testing

No prohibition of pregnancy testing identified.
Employment Act 2007

Protection from discriminatory dismissal

No employer shall discriminate directly or indirectly against any employee on the grounds of sex or pregnancy in respect of termination of employment. Contravention of this constitutes an offence.
Employment Act 2007 §5(3)
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Burden of proof

In any proceedings where a contravention of the prohibition on discrimination is alleged, the employer shall bear the burden of proving that the discrimination did not take place as alleged, and that the discriminatory act or omission is not based on any of the grounds specified in this section.
Employment Act 2007 §5(6)
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Guaranteed right to return to work

On the expiry of a female employee’s maternity leave as provided in §29(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.
Employment Act 2007 §29(2)

Results generated on: 20th April 2014 at 00:15:20.
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