Kenya’s Maternity Protection Laws and Policies
This page outlines the rights and protections provided to working mothers in Kenya, empowering women to understand and advocate for their maternity rights confidently.
Current Maternity Protection Laws
Kenya’s Employment Act, 2007, provides several provisions regarding maternity leave for women workers in the country:
-
Under the Employment Act, 2007, female employees are entitled to three months (90 days) of maternity leave with full pay. This applies to both public and private sector workers and must be taken continuously from the time the employee commences her leave. Employers are required to reinstate the employee to the same or comparable job with the same terms upon returning from maternity leave.
-
Kenyan law ensures that all female employees who are eligible for maternity leave are paid full wages throughout the entire three-month maternity leave period. This ensures that women do not suffer financial setbacks due to childbirth.
-
The law mandates that employers must grant reasonable time off for nursing mothers to breastfeed their children upon returning to work. There is no specific time duration set in the law, but it allows for flexibility based on the needs of the mother and her child.
-
The employer is required to ensure that maternity leave does not affect the employment rights of the employee. During maternity leave, employment benefits such as seniority, promotions, annual leave, and other rights must continue to accrue.
-
The Employment Act provides protection for women against dismissal during pregnancy or maternity leave. Employers cannot terminate the employment of a woman solely due to her pregnancy, maternity leave, or any health conditions arising from her pregnancy. This ensures that women cannot be unfairly dismissed during this period.
Additional Information
Paternity Leave: Male employees are entitled to two weeks of paternity leave with full pay. This provision, introduced alongside maternity protections, recognizes the role of fathers in early childcare.
Public Sector Developments: The push for more extended maternity leave in Kenya has led to conversations within the public sector about the potential for six months of paid maternity leave. However, as of now, the three-month duration remains the standard in both public and private sectors.
Health and Safety: The government and labor unions have also focused on workplace safety and support for pregnant and nursing mothers. Employers are encouraged to provide appropriate facilities for breastfeeding and ensure that workplaces do not expose pregnant employees to harmful conditions.
These protections underscore the government's commitment to supporting maternal and infant health while ensuring that women can balance work and family responsibilities.
Updates
Under the 2021-2025 Collective Bargaining Agreement (CBA) signed by the Teachers Service Commission (TSC), public school teachers now enjoy 120 days (four months) of fully paid maternity leave. This is an increase from the previous three-month entitlement. Male teachers are also entitled to 21 days of paternity leave, an improvement from the earlier 14 days. This leave extension is part of a broader effort to provide better working conditions for teachers and ensure that both parents have time to support their families during childbirth. The CBA also introduced 45 days of pre-adoptive leave, ensuring that parents who adopt children receive similar benefits.
In the private sector, companies like Old Mutual Kenya have adopted progressive policies that exceed statutory requirements. As of March 2023, Old Mutual Kenya extended its maternity leave policy from three to four months of fully paid maternity leave. This extension is part of the company's broader gender equity initiatives, aimed at creating a supportive environment for its female employees. Additionally, Old Mutual has also increased paternity leave from two weeks to one month, acknowledging the importance of both parents being present during the early stages of a child's life.