Leave Rights Under the Employment Act in Kenya: 2026 Guide

Updated 1 November 2026

Your leave rights under the Employment Act in Kenya start with at least 21 working days of paid annual leave after every 12 consecutive months with the same employer. The Act also gives sick leave after two months of service, three months of paid maternity leave, two weeks of paid paternity leave, and leave pay for unused days when your job ends. This guide sets out each right, the section of the Employment Act 2007 it comes from, and what to do if your employer refuses.

Updated November 2026. Quotes and section numbers are from the Employment Act, 2007 (Cap. 226), available on Kenya Law. Your contract or a collective agreement can give you more than these minimums, never less.

Leave rights under the Employment Act at a glance

Annual leave rights under the Employment Act: 21 working days

Section 28(1)(a) says an employee is entitled, “after every twelve consecutive months of service with his employer to not less than twenty-one working days of leave with full pay.” Working days do not include rest days you would not normally work. The Regulation of Wages (General) Order adds that annual leave is in addition to public holidays, weekly rest days and sick leave, so a public holiday that falls inside your leave, such as Christmas Day, should not be deducted from your 21 days.

The figure is a minimum. Many contracts give 24, 26 or 30 days. Section 28(5) lets you and your employer agree how to use days above the legal minimum.

Splitting your leave

Your employer can, with your consent, divide your leave into parts taken at different times (section 28(2)). Unless your contract or a collective agreement says otherwise, one of those parts must be at least two uninterrupted working weeks (section 28(3)).

Carrying leave forward

Section 28(4) says the uninterrupted two weeks must be taken within the 12 months in which the leave was earned. The rest must be taken “not later than eighteen months from the end of the leave earning period”. In practice, that gives you up to a year and a half to use the balance, after which an employer may argue the days have lapsed. Check your HR policy, because some employers set shorter limits by agreement.

Leave when your job ends

If your employment ends after at least two consecutive months of service in a leave year, section 28(1)(b) gives you at least one and three-quarter days of paid leave for each completed month in that period. Where those days cannot be taken before you leave, they are normally paid out in your final dues. Use our leave pay calculator to work out the amount, and our PAYE calculator to see the tax on it.

Maternity leave

A female employee is entitled to three months of maternity leave with full pay (section 29(1)). She must give at least seven days’ written notice, or a shorter period that is reasonable in the circumstances, of the date she plans to start and return (sections 29(4) and (5)). When the leave ends she has the right to return to the same job, or a reasonably suitable one on terms no less favourable (section 29(2)). Section 29(7) says no employee loses her annual leave because she took maternity leave, and with the employer’s consent annual leave can follow straight after it (section 29(3)). Our maternity leave calculator shows your start and return dates.

Paternity leave

A male employee is entitled to two weeks of paternity leave with full pay (section 29(8)). The Act does not set a long notice period, but tell your employer as early as you can and keep proof of the birth.

Sick leave

After two consecutive months of service, you are entitled to sick leave of seven days with full pay and then seven days with half pay in each period of twelve consecutive months (section 30(1)). You must produce a certificate of incapacity signed by a qualified medical practitioner or the person in charge of a dispensary or medical aid centre, and you must tell your employer about your absence as soon as reasonably practicable (section 30(2)).

Public holidays and leave

Public holidays are set by the Public Holidays Act, not the Employment Act. If you work on a public holiday, the Regulation of Wages (General) Order sets pay at twice the normal hourly rate. See our guide on holiday pay for working on public holidays. To stretch your annual leave around the holidays, try the Kenya leave planner or read about the best days to take leave in December.

What to do if your employer ignores your leave rights under the Employment Act

1. Ask in writing. Email HR or your manager with the dates and your balance, and keep a copy.
2. Check your contract and any collective agreement for more generous terms.
3. If the issue is not resolved, you can report it to the labour officer at the county labour office of the Ministry of Labour, who can call both sides to a conciliation meeting.
4. Unresolved disputes can be taken to the Employment and Labour Relations Court. Union members should involve their shop steward early.

Keep payslips and leave records, because your leave rights under the Employment Act are easier to enforce with paper evidence. They are the main evidence in any claim. Our guide to reading your first payslip in Kenya shows where leave and deductions appear.

Related guides

Frequently asked questions

What are my leave rights under the Employment Act?

At least 21 working days of paid annual leave after every 12 consecutive months with the same employer, under section 28(1)(a) of the Employment Act.

Do public holidays count as part of my annual leave?

No. Under the Regulation of Wages (General) Order, annual leave is in addition to public holidays and weekly rest days, so a holiday that falls during your leave should not be deducted from your balance.

Can I carry forward unused leave days?

Yes, within limits. Two uninterrupted weeks must be taken in the leave year, and the rest within 18 months of the end of that leave year.

Am I paid for unused leave when I resign?

Section 28(1)(b) gives at least 1.75 paid leave days per completed month in the leave year. Days you could not take are usually paid in your final dues.

Can I take sick leave without a doctor’s note?

Paid sick leave under section 30 depends on a certificate of incapacity from a qualified medical practitioner or a dispensary or medical aid centre.