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Asking for leave is not asking for a favour. It's claiming what the law already wrote down.
In Kenya in 2026, maternity leave is three months with full pay under section 29 of the Employment Act, 2007. New fathers get two weeks' paternity leave with full pay, adoptive parents get one month, and every employee earns at least 21 working days of annual leave a year.
Maternity Leave Days in Kenya: Section 29 Says Three Months, Not "We'll See"
The Employment Act on Kenya Law gives every female employee three months' maternity leave with full pay. The Act counts months, not days, so it's roughly 90 calendar days.
Three rules come with it:
- Notice. Give your employer at least seven days' written notice of your start date and your intention to return, or a shorter period if that's reasonable, for example, if your baby arrives early.
- Medical certificate. Your employer may ask for one from a qualified doctor or midwife.
- Your annual leave is safe. Maternity leave doesn't cost you a single day of it.
You Come Back to Your Job, Not a Demotion
Under section 29(2), you can return to the job you held before, or a reasonably suitable job on terms no less favourable. Your employer can't quietly move you to a lower grade or cut your pay while you're away.
Wanjiku, a hypothetical sales coordinator in Thika, may return to find her desk moved. Her role, grade, and salary must not shrink.
Maternity Leave in Kenya for Men: Paternity Leave Is Yours. Take It.
Section 29(8) gives every male employee two weeks' paternity leave with full pay. It's a legal right. Nothing to apologise for in the office WhatsApp group.
Tell your employer early, in writing, so the dates are on record and the handover is planned.
Adopting a Child? Section 29A Gives You a Paid Month
The Employment (Amendment) Act, 2021 added section 29A. When a child is placed with you for adoption under the Children Act, you're entitled to one month's pre-adoptive leave with full pay from the date of placement.
Notify your employer in writing at least 14 days before the placement, with supporting documents: the custody agreement with the adoption society and an exit certificate. The section doesn't limit this leave by gender. You keep the same right to return to your job.
Annual Leave Under Section 28: 21 Working Days of Rest Are Yours
After every 12 consecutive months of work, you're entitled to at least 21 working days of annual leave with full pay. Because the Act counts working days, your usual days off don't eat into the 21.
With your consent, your employer can split the leave into parts. Unless a contract or CBA says otherwise, one part must be at least two uninterrupted working weeks, taken within the year. The rest must be taken within 18 months of the end of the leave year.
Leaving partway through the year? If you've worked at least two consecutive months in the leave year, you earn 1.75 days for each completed month. In a redundancy, section 40 requires any leave due to be paid in cash.
Sick Leave Under Section 30: Don't Work Through a Fever
Once you've worked two consecutive months, you're entitled to at least seven days' sick leave on full pay, then seven days on half pay, in each 12 months. You'll need a medical certificate, and you must tell your employer you're off sick as soon as reasonably practicable.
Taking Leave Can't Lawfully Cost You Your Job
Section 46 of the Employment Act says it isn't fair grounds for dismissal or discipline that you're pregnant, or for a reason connected to your pregnancy. The same goes for taking, or asking to take, leave you're entitled to by law or contract. Even asking is protected.
How to Ask for Leave: Put It in Writing, Keep a Copy
A corridor chat isn't notice. An email is. Keep it short, and keep a copy.
Subject: Maternity leave notice: [your name]
Dear [Manager's name],
I'm writing to give notice that I will start maternity leave on [date], in line with section 29 of the Employment Act. I intend to return to work on [date]. I've attached my medical certificate.
I'd like to meet before then to plan a handover. Please confirm receipt.
Kind regards, [Your name]
Adapt it for paternity, pre-adoptive, or annual leave.
Employer Says No? Escalate Calmly, and on Paper
Ask HR to put the refusal and its reasons in writing. That often settles it. If not, talk to your union representative, complain to a labour officer at your county labour office, or file a claim at the Employment and Labour Relations Court. For advice on your own situation, speak to a labour officer or an employment lawyer.
Maternity Leave in Kenya 2026 Is the Floor. Ask What Sits Above It.
These are minimums. Many contracts and collective bargaining agreements give longer maternity or paternity leave, extra annual leave days or flexible return-to-work plans.
So open your contract, staff handbook, and CBA this week, ask HR directly, and put your dates in writing before anyone plans them for you. The minimum is the law. Anything above it, you have to ask for.
