In 2026, managing leave in Kenya has evolved beyond just tracking days off. With the rise of hybrid work and stricter labor law enforcement, understanding the statutory requirements is essential for maintaining compliance and a healthy workplace culture.
According to the Employment Act, here are the essential leave policies every employer and employee should know:
1. Annual Leave
Every Kenyan employee is entitled to at least 21 working days of paid leave for every 12 months of service. This is earned at a rate of 1.75 days per month. While an employer can agree to "carry over" leave days, they must be used within 18 months of the year they were earned, or they are legally forfeited. It is important to note that public holidays and weekly rest days are not counted as part of these 21 days.
2. Sick Leave
After two consecutive months of service, employees are entitled to a minimum of 7 days of fully paid sick leave per year. If the illness persists, they are entitled to an additional 7 days at half-pay. To qualify, the employee must provide a certificate of incapacity to work from a qualified medical practitioner. Many modern HR policies offer more than this minimum, but the 7+7 rule remains the legal baseline.
3. Maternity and Paternity Leave
-
Maternity: Female employees are entitled to 3 months (90 days) of fully paid leave. This leave does not affect their annual leave entitlement; they can still take their 21 days of annual leave in the same year.
-
Paternity: Male employees are entitled to 2 weeks (14 days) of fully paid leave. This is designed to allow fathers to support their families during the transition of a new birth or adoption.
4. Adoption Leave
As of the current regulations, an employee who is adopting a child is entitled to one month of pre-adoption leave with full pay. This begins from the date the adoption order is made, providing the parent time to bond with the child and finalize the legal transition.
5. Compassionate Leave
Unlike the other categories, compassionate leave is not strictly defined by a specific number of days in the Employment Act. Instead, it is typically granted at the employer’s discretion or as part of a collective bargaining agreement. It is usually taken from an employee's accrued annual leave days to handle family emergencies, bereavement, or sudden illness of a loved one.
Streamline Your Leave Management
Manual leave tracking often leads to disputes over balances and "disappearing" days. FaidiHR automates the entire leave lifecycle—from application and approval workflows to automatic balance accruals and statutory compliance.
Call 254 702 339 699 or Email sales@faidihr.com to see how we can simplify your company’s leave management today.