First things first. All employees are entitled to leave days. There are several types of leave, but did you know that your employer must pay you for any unused annual leave days, even if you resign?
Under Kenyan labour laws, any employee who quits their job before taking their leave is still legally entitled to be paid for all the leave days they had accrued by the time of their resignation.
According to lawyer Wanjiku Waithera, Kenyan law protects workers' rights, ensuring that they are paid for any pending leave days, whether they are still employed or have resigned.
Under Kenya’s Employment Act, workers who have worked for more than 12 months are entitled to a minimum of 21 days' paid annual leave.
If these days are not taken within 18 consecutive months, the employer must compensate the employee for them.
The lawyers explained that this also applies to when employees are terminated or decide to quit before using their leave days
In addition to how leave days are paid, Wanjiku also outlined the types of leave to which employees are entitled under Kenyan employment law.
Types of Work Leaves
Other than annual leave, employees are entitled to other types of leave, including:
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Maternal leave: Under Section 29 of the Employment Act, every female employee is entitled to three months of fully paid maternity leave. The law protects women from being terminated or dismissed from employment due to pregnancy. It also guarantees that they can return to the same workplace or the same equivalent position after leave.
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Paternity leave: This is a form of leave that male employee are entitled to at least 14 days of paid paternity leave when their spouse gives birth
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Sick leave: Employees who have worked for at least two months are entitled to seven days of paid sick leave provided that the employee informs their boss and presents a medical report.
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Pre-Adoptive leave: This is meant for employees adopting a child. They are entitled to 30 days of leave which can begin up to 14 days before the child is placed in their custody.
Other types of leave that are not mandatory include study leave, which is granted to employees seeking to further their education. However, its availability, duration and payment are subject to the employer's policy.
Another type of leave based on company policy is compassionate leave, which is granted to employees who have lost a family member.
Compulsory leave, on the other hand, is issued by the employer for administrative purposes, such as when investigating an employee.
