Career advice · Updated October 2026
Annual Leave in Kenya: How Many Days You Get and How Leave Pay Works
Annual leave in Kenya is set by section 28 of the Employment Act, 2007. Every employee is entitled to at least 21 working days off on full pay for each year worked, and to be paid for leave already earned if the job ends early. Yet leave is one of the most common causes of workplace arguments, from managers who “can’t spare you” to HR policies that say untaken days simply disappear. This guide explains what the law actually says, in the order the questions usually come up.
How many leave days you are entitled to
Section 28(1)(a) says that after every twelve consecutive months of service with the same employer, you are entitled to not less than 21 working days of leave with full pay.
Three words in that sentence matter:
- “Not less than” means 21 days is the floor. Many contracts, especially in banks, NGOs and the public service, give more. Section 26(2) says the more favourable term applies.
- “Working days” means the days you would normally work. For someone on a Monday to Friday week, 21 working days is a little over four calendar weeks. Your weekly rest days are not counted against your leave.
- “Full pay” means your normal salary for the period. Leave pay is taxed and goes through the usual PAYE, NSSF, SHIF and Housing Levy deductions, so your net salary calculator figure should look the same as any other month.
The 21 days is separate from public holidays, maternity or paternity leave and sick leave. Section 29(7) specifically protects annual leave for women on maternity leave, so a new mother still earns her full entitlement for the year.
Annual leave is also separate from your weekly rest. Section 27(2) gives every employee at least one rest day in every seven days, whether or not they have used any leave.
Can your employer split your leave?
Yes, but only with your consent. Section 28(2) lets an employer divide the 21 days into parts taken at different times if you agree. Section 28(3) then adds a protection: unless your contract or a collective agreement says otherwise, one of those parts must be at least two uninterrupted working weeks. The idea is that everyone gets at least one proper break each year, not just scattered days off.
If your contract gives you more than 21 days, section 28(5) leaves it to you and your employer to agree how the extra days are used.
When leave must be taken, and carrying it over
Section 28(4) sets the timing:
- The uninterrupted block of at least two weeks should be granted and taken during the 12-month leave-earning period it relates to.
- The rest of that year’s leave must be taken no later than 18 months after the end of the leave-earning period.
In practice, this means your employer can let you carry part of your leave into the next year, but the Act expects it to be used within 18 months, not banked forever. Many HR policies say carried-over days lapse after a set date. If you have been asking for leave and your manager keeps refusing, put your requests in writing, by email or on the HR system, so there is a record showing the leave was denied, not abandoned.
Your employer has to keep track. Section 10(3)(a)(i) requires your written particulars to set out your leave and holiday pay terms clearly enough for your entitlement, including accrued holiday pay on termination, to be precisely calculated. Section 74(1)(f) also requires every employer to keep written records of each employee’s annual leave entitlement, the days taken and the days due. If your employer cannot produce those records in a dispute, that works against it.
Leave for new employees and when a job ends
You do not have to wait a full year before leave counts. Section 28(1)(b) says that where employment ends after you have completed two or more consecutive months of service in a leave-earning year, you are entitled to at least one and three-quarter days of leave on full pay for every completed month of service in that period.
That rate is simply 21 days spread over 12 months. Some examples:
| Completed months in the leave year | Minimum leave earned |
|---|---|
| 2 | 3.5 days |
| 6 | 10.5 days |
| 9 | 15.75 days |
| 12 | 21 days |
Whatever you have earned and not taken is normally paid in cash when you leave, as part of your final dues. On redundancy, the law is explicit: section 40(1)(e) requires the employer to pay off any leave due in cash before the redundancy is valid.
The Act does not fix one formula for turning leave days into shillings, so check your contract or HR policy for the daily rate it uses. Our terminal dues calculator lets you add unpaid leave to notice and other dues, and Business Radar’s annual leave calculator works out days earned and leave pay owed. Read our terminal dues guide for the full list of what an employer owes at exit.
Casual, contract and probation workers
Leave is not only for permanent staff. Under section 37, a casual worker who works continuously for the equivalent of a month, or on work expected to take three months or more, is treated as a monthly-paid employee. Once such a worker has worked continuously for two months or more, section 37(3) entitles them to the same terms as other employees, and that includes annual leave.
Fixed-term contract staff earn leave in the same way as permanent staff. Employees on probation are covered too, so if probation ends after two or more months, the section 28(1)(b) rate applies to the months worked. See our probation period guide for the other rules.
What your employer cannot do
- Make you sign away leave. Section 3(6) makes any agreement to give up or reduce the Act’s minimum terms null and void.
- Punish you for taking leave. Section 46(b) says taking, or proposing to take, leave you are entitled to is not a fair reason for dismissal or any disciplinary penalty.
- Pay you less while you are on leave. The Act says full pay.
Your employer can, however, decide when leave is taken to fit the needs of the business, as long as you still get your days within the timelines above. Agree dates early, especially in December and over school holidays when many colleagues want the same weeks.
If your employer refuses leave or leave pay
Start with a polite written request to HR listing your days earned, days taken and the balance, using your payslips and leave forms. If that fails, you can complain to the county labour office or file a claim at the Employment and Labour Relations Court under section 86. Claims under the Act generally have to be brought within three years, so do not wait. For the bigger picture of your workplace rights, read our plain-English guide to the Employment Act.
Looking for an employer with a better leave policy? Browse the latest jobs in Kenya and compare pay with our salaries database.
Key takeaways
- Annual leave in Kenya is at least 21 working days on full pay after each 12 months of service.
- Leave can be split only with your consent, and one part should be at least two unbroken working weeks.
- Leave not taken in the year should be used within 18 months of the end of that leave year.
- If you leave after two or more months, you earn 1.75 days per completed month, paid out if untaken.
- You cannot be dismissed or disciplined for taking leave you are entitled to.
Frequently asked questions
How many annual leave days are there in Kenya?
At least 21 working days with full pay after every 12 consecutive months of service, under section 28(1)(a) of the Employment Act. Your contract or collective agreement can give more.
Are weekends counted in annual leave in Kenya?
The Act gives 21 working days, so days you would not normally work, such as weekends for a Monday to Friday employee, are not counted against your leave.
How is leave calculated if I resign before a year?
If you have completed two or more consecutive months in the leave year, you are entitled to at least 1.75 days of paid leave for each completed month, under section 28(1)(b).
Can my employer refuse to let me carry forward leave?
Your employer decides leave dates to suit the business, but the Act expects the remaining leave to be taken within 18 months of the end of the leave year. Keep written records of any leave requests that were refused.
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