Maternity Leave Rights in Kenya


A friend of mine is expecting and she has some challenges with her employer concerning her maternity leave. From the information she gave me, it seems like there are violations of her rights. Can someone enlighten me on maternity leave rights as per Kenyan law?
Comments:
Maurice said:
Maternity leave rights in Kenya are governed by the Employment Act, 2007 and the Labor Institutions Act, 2007. The following are key provisions regarding maternity leave rights in Kenya:
i. Female employees in Kenya are entitled to a minimum of 3 months of maternity leave.
ii. During maternity leave, the employee is entitled to full pay.
iii. Employers are obligated to provide a safe and conducive working environment for pregnant employees.
iv. The employee is required to notify her employer in writing at least seven days before she intends to take maternity leave.
v. Employers are also required to provide breastfeeding breaks to nursing mothers for the first two years of a child's life.
vi. It is illegal to discriminate against female employees because of their pregnancy or the fact that they have taken maternity leave.
vii. After the maternity leave period, the employee is entitled to return to her former position or an equivalent position without any loss of benefits or pay.
viii. An employer cannot terminate an employee's employment during her maternity leave or due to her pregnancy.
Raphael said:
The Employment Act in Kenya is clear about maternity leave. A female employee is entitled to three months fully paid maternity leave. The maternity leave can commence 4 weeks before the expected due date. Additionally, she is also entitled to return to the job which she held immediately prior to her maternity leave or to a reasonably suitable job on terms and conditions not less favourable than those which she would have applied had she not been on maternity leave. One is however required to give not less than seven days written notice in advance, or a shorter period as may be reasonable in the circumstances, of her intention to proceed on maternity leave.
Winfred said:
Maternity leave rights are governed by the Employment act of 2007 and the Employment (Amendment) Act No.15 of 2022. The maternity leave rights include;
I. A female employee shall be entitled to 3months maternity leave with full pay in addition to her regular annual leave. Article 29(3)provides that maternity leave shall be deemed to expire on the last day of an extended period of maternity leave.
II. The employee is required to notify her employer in writing at least seven days before she intends to take maternity leave.
III. Section 5(3)(a) of the constitution protects female employees from harassment and discrimination by the employer on the basis of being pregnant.
IV. The employment act provides that an employee's pregnancy or any matter connected with pregnancy does not constitute a valid or fair reason for termination.
V. The employment Act requires that an employer has to ensure sufficient availability of proper medication for a worker during illness and if possible, medical attendance should also be provided during serious illness. Workers covered under National Hospital Insurance Fund(NHIF)Act, are entitled to medical benefits in the case of hospitalization.
VI. The law allows a Male employee two weeks of paternity leave with full pay.

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