Employees are entitled to at least 21 working days of paid leave after every 12 consecutive months of service. If employment is terminated after two months of service but before 12 months, the employee is entitled to leave pay based on the months worked.
Below are the provisions for employees' annual leave according to Section 28 Employment Act CAP 226.
(1) An employee shall be entitled—
(a) after every twelve consecutive months of service with his employer to not less than twenty-one working days of leave with full pay;
(b) where employment is terminated after the completion of two or more consecutive months of service during any twelve months’ leave-earning
period, to not less than one and three-quarter days of leave with full pay, in respect of each completed month of service in that period, to be taken consecutively.
(2) An employer may, with the consent of the employee divide the minimum annual leave entitlement under subsection (1)(a) into different parts to be taken
at different intervals.
(3) Unless otherwise provided in an agreement between an employee and an employer or in a collective agreement, and on condition that the length of service
of an employee during any leave-earning period specified in subsection (1)(a) entitles the employee to such a period, one part of the parts agreed upon under
subsection (2) shall consist of at least two uninterrupted working weeks.
(4) The uninterrupted part of the annual leave with pay referred to in subsection (3) shall be granted and taken during the twelve consecutive months
of service referred to in subsection (1)(a) and the remainder of the annual leave with pay shall be taken not later than eighteen months from the end of the leave
earning period referred to in subsection (1)(a) being the period in respect of which the leave entitlement arose.
(5) Where in a contract of service an employee is entitled to leave days in excess of the minimum specified in subsection (1)(a), the employer and the
employee may agree on how to utilize the leave days.
The above provisions provide guidelines on matters convering employee annual leave.