Holiday leave
In Kenya, the guidelines for vacation leave entitlements for employees are provided by the Employment Act (2007).
Annual Leave Entitlement
Every employee, after each 12 months of continuous service, is entitled to at least 21 consecutive days of paid annual leave as per Section 28 of the Employment Act.
Important Considerations
- Accrual: The entitlement of annual leave accrues at the rate of 1.75 days for every month worked.
- Unused Leave: Any leave days that remain unused lapse at the end of the leave cycle. These cannot be carried forward to the subsequent year and are not compensable instead of actually taking the leave as per Section 28 of the Employment Act.
- Termination: In case an employee's employment is terminated, they are entitled to receive pay in lieu of any accrued but unused annual leave days.
- Proportionate Leave: If an employee has not worked for a full 12 months, they are entitled to a proportional number of leave days based on the months of service.
Other Relevant Guidelines
There may be collective bargaining agreements in some industries or employers that offer more favorable leave terms than the minimum outlined in the Employment Act.
Public holidays
Kenya celebrates a number of public holidays throughout the year. These holidays reflect the country's diverse cultural and religious heritage, as well as significant historical events.
New Year's Day (January 1st)
This holiday marks the start of a new calendar year.
Good Friday (Variable)
Good Friday is a Christian holiday commemorating the crucifixion of Jesus Christ. The date changes annually based on the Gregorian calendar.
Easter Monday (Variable)
Easter Monday is a Christian holiday celebrated the day after Easter Sunday, marking the resurrection of Jesus Christ. The date changes annually based on the Gregorian calendar.
Labour Day (May 1st)
Also known as International Workers' Day, this holiday celebrates the achievements of workers.
Madaraka Day (June 1st)
Madaraka Day commemorates the day Kenya attained self-governance in 1963.
Idd-ul-Fitr (Variable)
Idd-ul-Fitr is a Muslim holiday marking the end of Ramadan, the holy month of fasting. The date changes based on the Islamic calendar.
Idd-ul-Adha (Variable)
Idd-ul-Adha is a Muslim holiday known as the "Sacrifice Feast," commemorating Abraham's willingness to sacrifice his son. The date changes based on the Islamic calendar.
Mashujaa Day (October 20th)
Also known as Heroes' Day, Mashujaa Day honors those who fought for Kenya's independence.
Jamhuri Day (December 12th)
Jamhuri Day celebrates the day Kenya became a republic in 1964.
Christmas Day (December 25th)
Christmas Day is a Christian holiday celebrating the birth of Jesus Christ.
Boxing Day (December 26th)
Boxing Day is observed the day after Christmas.
It's important to note that if a public holiday falls on a Sunday, the following Monday is typically observed as a substitute holiday.
Types of leave
Employees are entitled to various types of leave as per the Employment Act (2007).
Annual Leave
Employees are entitled to at least 21 consecutive working days of annual leave with full pay after every 12 months of continuous service. Leave days accrue at a rate of 1.75 days per month worked. Employees can carry forward unused leave days, but employers should encourage the utilization of leave within the given year.
Sick Leave
After two consecutive months of service, employees are entitled to sick leave. This leave is granted as follows:
- 7 days with full pay
- 7 days with half pay
A valid medical certificate is generally required to support the need for sick leave.
Maternity Leave
Female employees are entitled to three months of maternity leave with full pay. Employees on maternity leave have the right to return to their previous position or a comparable one.
Paternity Leave
The Employment Act (2007) provides for two weeks of paternity leave with full pay.
Compassionate Leave
Many employers offer compassionate leave to employees in the event of bereavement or serious illness within an employee's immediate family. The duration and pay for compassionate leave depend on the employer's policies.
Other Types of Leave
Some employers may offer study leave to support employee development. Employees may also be able to negotiate unpaid leave with their employers under specific circumstances.
Important Considerations
Specific industries or companies may have variations in leave entitlements as outlined in their Collective Bargaining Agreements (CBAs). Employers' internal policies should comply with or exceed the minimum standards set by labor laws.