Career advice · Updated October 2026

Sick Leave in Kenya: Days, Pay and Sick Note Rules Under the Employment Act

Sick leave in Kenya is a legal entitlement under section 30 of the Employment Act, 2007. Once you have worked for two months, you are entitled to paid time off when you are too ill to work, as long as you tell your employer and bring a medical certificate. The statutory minimum is smaller than many people assume, though, and the rules about notice and sick notes trip people up. Here is how it works, and what to do if your illness lasts longer than your sick leave.

How much sick leave the law gives you

Section 30(1) says that after two consecutive months of service with your employer, you are entitled in each period of 12 consecutive months to:

• sick leave of not less than seven days with full pay, and after that
• sick leave of seven days with half pay.

So the legal minimum is 14 days of paid sick leave a year: the first seven on full pay and the next seven on half pay. Many employers give much more. Public service, bank, NGO and unionised contracts often allow a month or more on full pay. Section 26(2) says the more generous term in your contract, HR manual or collective agreement applies, so check those first.

During your first two months, the Act does not give a paid sick leave entitlement. Your employer may still allow it, and an absence for genuine illness that you report properly should not be treated as misconduct.

For sick leave, section 30(3) says “full pay” includes wages at the basic rate, excluding deductions allowable under section 19. Allowances are not specifically mentioned, so whether you keep them during sick leave depends on your contract. The usual PAYE, NSSF, SHIF and Housing Levy deductions still apply to whatever is paid; our net salary calculator shows the take-home effect of a half-pay month.

The two conditions: tell your employer and bring a sick note

Paid sick leave under section 30 comes with two conditions.

1. Notify your employer as soon as reasonably practicable. Section 30(2) makes this a condition for full-pay sick leave. You, or someone on your behalf, should tell your employer that you are absent and why. A call or WhatsApp message to your supervisor on the morning you fall ill, followed by an email to HR, creates a clear record.
2. Produce a certificate of incapacity. Section 30(1) makes sick leave subject to a certificate of incapacity to work signed by a duly qualified medical practitioner, or by a person acting on the practitioner’s behalf who is in charge of a dispensary or medical aid centre. A note from a hospital, clinic or dispensary that says you were unfit for work, and for how long, meets this.

The Act does not set a minimum number of days before a sick note is needed, so some employers ask for one even for a single day. Your HR policy will usually say when and to whom the certificate must be submitted. Keep a photo of every note you hand in.

These conditions matter because section 44(4)(a) lists being absent from work “without leave or other lawful cause” as possible gross misconduct, and section 19(1)(c) lets an employer deduct up to one day’s wages for each day of unauthorised absence. A properly reported, certified illness is lawful cause.

When the sick leave year starts

Section 30(4) says the 12-month period for sick leave starts on the date you were employed and renews on each anniversary of that date. Section 30(5) lets an employer instead put all staff on one common annual cycle, for example a calendar year, with an anniversary date the employer chooses.

The Act does not provide for carrying unused sick days into the next year. Sick leave is there for when you are ill, not as extra holiday, and unused days are not paid out when you leave, unlike earned annual leave.

Your employer’s duty to provide medical care

Section 34 requires employers to ensure sufficient and proper medicine for employees during illness and, if possible, medical attendance during serious illness. This duty does not apply where the treatment is provided free by the Government or under an insurance scheme established by law that covers the employee. In practice, most formal-sector workers rely on the Social Health Authority (SHA), funded by SHIF deductions, and on any staff medical cover. Business Radar explains how SHA works and how to register, which is worth doing before you need treatment.

Injuries and diseases caused by your work are handled differently, under the Work Injury Benefits Act, which provides separate compensation. Report any workplace injury to your employer in writing straight away.

Sick leave and maternity leave

If a new mother falls ill at the end of her maternity leave, section 29(3) says that when she proceeds on sick leave immediately after maternity leave and before resuming work, her maternity leave is treated as ending on the last day of that sick leave. Her right to return to the same or an equivalent job still applies. See our guide to maternity and paternity leave.

What happens when sick leave runs out

Long illnesses are where most disputes arise. Once the paid days in your contract or the Act are used up, your employer may agree to annual leave, unpaid leave or another arrangement. What it cannot do is simply drop you from the payroll without a fair process.

Section 45(2) allows termination for a reason related to an employee’s capacity, but section 41 requires the employer, before terminating on grounds of physical incapacity, to explain the reason to you in a language you understand, allow you to have a colleague or shop-floor union representative present, and hear your side. In practice that usually means medical reports, a meeting and a genuine look at whether you can return, perhaps to lighter duties. Section 46(b) also says going on leave you are entitled to is not a fair reason for dismissal or discipline.

If your employment does end, you are still owed final dues such as notice pay and unused annual leave. Read our terminal dues guide and use the terminal dues calculator, and see our annual leave guide for how untaken leave is counted.

Practical tips for employees and HR

• Employees: report early, get a dated note stating how many days you are unfit, submit it promptly, and keep copies.
• HR: put the sick leave policy, including the cycle date and who receives certificates, in writing and share it, as section 10(3)(a)(ii) requires the written particulars to cover sick pay and incapacity due to sickness or injury. Record sick days taken; section 74 requires employers to keep employment records.
• Both: treat medical information as confidential and share it only with those who need it.

If your employer refuses paid sick leave you are entitled to, raise it with HR in writing first, then with the county labour office or the Employment and Labour Relations Court. For a full overview of your rights, read our plain-English guide to the Employment Act. Working in healthcare? Browse current healthcare jobs.

Key takeaways

• After two months’ service, sick leave in Kenya is at least seven days on full pay, then seven days on half pay, every 12 months.
• You must notify your employer as soon as reasonably practicable and produce a certificate of incapacity from a qualified medical practitioner or dispensary.
• The sick leave year runs from your start date, unless your employer sets a common cycle for everyone.
• Unused sick days do not carry over or get paid out.
• Termination for long-term illness requires a fair reason and a hearing under section 41.

Frequently asked questions

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