How many sick days you are entitled to
Employment Act; State Department for Labour and Skills Development · sources read 5 Oct 2026
After 2 months in a row with your employer, you get at least 7 days of sick leave on full pay, then 7 more days on half pay, in every 12 months. You need a medical certificate, and you must tell your employer as soon as you reasonably can. Workers outside farming who are covered by the Regulation of Wages (General) Order get up to 30 days on full pay and 15 on half pay.
- Where
- Your employer; your area labour office if refused
What you need
- A certificate of incapacity to work signed by a qualified medical practitioner (or the person in charge of a dispensary or medical aid centre)
Steps
- Tell your employer you are off sick, and why, as soon as you reasonably can. This is needed for full pay.
- Get a medical certificate saying you can't work, and give it to your employer.
- If you are refused sick leave or not paid for it, complain to a labour officer or file a case at the employment court.
- At the area labour office your complaint is registered on Form LD 64 and you and your employer are called to a conciliation meeting.
Watch out
- If your contract, a collective agreement or a wages order gives you more sick days, the better terms apply.
- "Full pay" here means your basic wage, less lawful deductions.
- The 12 months count from your start date and each work anniversary, unless your employer sets one common date for everyone.
- Under the Regulation of Wages (General) Order, sick leave is up to 30 days on full pay and then up to 15 days on half pay in each 12 months. Because the more favourable terms apply, that beats the Employment Act's 7 + 7 days if the Order covers you.
- Under the Order you lose sick leave pay for an illness or injury caused by your own gross neglect.
Who this covers
- Employees who have worked 2 consecutive months for the same employer.
- Workers outside the agricultural industry who are covered by the Regulation of Wages (General) Order get more: up to 30 days on full pay and 15 on half pay.
Official sources (3)
- Handling of Labour Disputes labour.go.ke · read 2 Oct 2026
- Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 4 Oct 2026
- Regulation of Wages (General) Order (L.N. 120 of 1982, under the Labour Institutions Act), version of 26 June 2026 new.kenyalaw.org · read 5 Oct 2026