Career advice · Updated October 2026

Maternity and Paternity Leave in Kenya: Your Rights Under the Employment Act

Maternity leave in Kenya is a legal right, not a favour your employer chooses to grant. Section 29 of the Employment Act, 2007 gives every female employee three months off on full pay, and gives fathers two weeks of paid paternity leave. Since 2021, employees adopting a child also get paid leave. Many expecting parents only learn the details when they hand in their leave form, so here is how each type of leave works and what to do if your employer pushes back.

Maternity leave: three months on full pay

Section 29(1) says a female employee is entitled to three months’ maternity leave with full pay. A few points people often get wrong:

• It is three calendar months, not “90 working days”. Weekends and public holidays inside that period count towards the three months.
• Full pay means your normal salary. Your employer pays it, not NSSF or SHA, and the usual PAYE, NSSF, SHIF and Housing Levy deductions apply to it as they would any month. Our net salary calculator shows what will reach your account.
• The Act sets no minimum length of service. Section 29 does not require you to have worked a year or finished probation first. Some HR policies try to add a qualifying period, but a contract cannot give you less than the Act does.
• Annual leave is protected. Section 29(7) says you do not lose your annual leave entitlement because you took maternity leave.

How to apply for maternity leave

Section 29(4) and (5) say you must give your employer written notice of at least seven days, or a shorter period if that is reasonable in the circumstances, such as an early delivery. The notice should say the date you plan to start leave and that you intend to come back to work afterwards. If your employer asks, you must produce a certificate about your medical condition from a qualified doctor or midwife (section 29(6)).

In practice, a short letter or email to HR with your expected due date, planned start date and a clinic letter is enough. Keep a copy.

Extending maternity leave

If your employer agrees to extend the leave, or if straight after maternity leave you go on sick leave or, with your employer’s agreement, on annual, compassionate or other leave, the law treats your maternity leave as ending on the last day of that extra leave (section 29(3)). Many mothers add their accrued annual leave to the three months this way. Your right to return to your job still applies at the end.

Your right to come back to your job

When maternity leave ends, section 29(2) gives you the right to return to the job you held before, or to a reasonably suitable job on terms no less favourable than you would have had if you had not gone on leave. Your employer cannot quietly cut your pay, demote you or give your desk to your replacement and leave you without work.

The Act also protects you from losing your job because of pregnancy. Section 46 lists a female employee’s pregnancy, or any reason connected with it, as an invalid reason for dismissal, and section 5 bars discrimination on grounds that include pregnancy. If you are dismissed during or soon after pregnancy, the employer has to show a genuine and fair reason unrelated to it.

Breastfeeding at work

Returning mothers are covered by the Health Act, 2017. Section 71 requires employers to set up lactation stations with handwashing facilities, refrigeration, an electrical outlet for a breast pump, a table and comfortable seating, and the station must not be in a toilet. Section 72 requires paid break intervals, on top of normal meal breaks, for breastfeeding or expressing milk, of up to one hour in every eight-hour working period. That time counts as paid working time.

Paternity leave: two weeks on full pay

Section 29(8) gives a male employee two weeks’ paternity leave with full pay. Unlike maternity leave, the Act does not set a notice procedure or say exactly when it must be taken, so your contract or HR policy usually fills the gap. Most employers expect the leave to be taken around the birth and want notice with the expected due date. Tell HR early, put it in writing and, if your policy is silent, agree the dates by email. Some employers, including many NGOs and multinationals, give more than the two-week minimum. Check your staff handbook.

Pre-adoptive leave: one month for adopting parents

The Employment (Amendment) Act, 2021 added section 29A, in force from 15 April 2021. When a child is placed in your continuous care under the Children Act as part of an adoption, you are entitled to one month’s pre-adoptive leave with full pay from the date the child is placed with you. The rules are:

1. Notify your employer in writing at least 14 days before the placement.
2. Attach evidence from the adoption society that it intends to place the child with you, including the custody agreement and the exit certificate.
3. The return-to-work protection and the annual leave protection in section 29 apply to this leave as well.

Common questions from employers and HR

• Can we pay part of the salary during maternity leave? No. The Act says full pay. A contract or policy cannot offer less than the statutory minimum.
• Do we pay a casual or contract worker? The Act’s rights apply to employees. A casual worker who has worked continuously for longer than the periods in section 37 is treated as on a monthly contract and gets the same rights.
• Does she accrue annual leave while on maternity leave? She remains employed, and section 29(7) bars forfeiting annual leave because of maternity leave, so treat the leave year as running normally.

If your employer refuses leave, cuts your pay or dismisses you, write to HR first and keep copies of your notice and payslips. You can then go to the county labour office or file a claim at the Employment and Labour Relations Court. If you are planning the cost of a delivery, Business Radar explains how to register with SHA, the scheme that replaced NHIF. Ending a job around the time of a birth? Read our guide to terminal dues so you know what is owed.

Key takeaways

• Maternity leave in Kenya is three months on full pay, with at least seven days’ written notice.
• You keep your annual leave and have the right to return to the same or an equivalent job.
• Fathers get two weeks’ paternity leave on full pay.
• Adopting parents get one month’s pre-adoptive leave on full pay, with 14 days’ written notice.
• Employers must provide lactation stations and paid breastfeeding breaks.

Frequently asked questions

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