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My rights as an employee during maternity leave
Can my employer terminate my contract while I am on leave?
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Comments:
Winfred
said:
Understanding your maternity rights as an employee empowers you to make informed decisions about your career and motherhood. When you are on maternity leave, your employment continues, and you continue to benefit from all your rights and benefits as though you were at work. The law on maternity leave is provided for under section 29 of the Employment Act 2007. This section provides for the maternity leave rights as follows:
i) Every expectant female employee is entitled to a minimum of three months (91 calendar days) of fully paid maternity leave upon the birth of their children. The purpose of the leave is to give you sufficient time for recovery and bonding with your newborn. It is the employee's responsibility to inform the employer about her maternity leave plans. This is done by giving a written notice at least seven days in advance, though exceptions for a shorter notice period may exist under specific circumstances. The employee may also have to provide a medical certificate from a qualified practitioner or midwife confirming her pregnancy if required by the employer.
ii) An expectant mother has also the right to extent the three -months maternity leave. This can be extended with the consent of the employer, or you can also transition into accrued sick leave, annual leave or any other form of leave as agreed upon with your employer.
iii) The Kenyan Employment Act ensures that the maternity leave is granted with full pay. Your employer bears the financial responsibility for your salary during this period. The salary and benefits should be delivered on a regular basis just as the case when the employee is at work.
iv) The employer has no right to terminate an employee's contract on grounds that she is pregnant, on maternity leave or immediately after reporting back to work after maternity leave. The Employment Act strictly prohibits termination of an employment caused by discrimination or harassment directly or indirectly against an employee on grounds of pregnancy.
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