Maternity, paternity and adoption leave: what the law says
Employment Act; State Department for Labour and Skills Development · sources read 2 Oct 2026
Mothers are entitled to three months' maternity leave on full pay, and fathers to two weeks' paternity leave on full pay. An employee having a child placed with them for adoption gets one month's leave on full pay.
- Deadline
- If you are dismissed, complain to a labour officer within 3 months of the dismissal
- Where
- Ask your employer in writing; complaints go to your area labour office or the Employment and Labour Relations Court
What you need
- A medical certificate from a doctor or midwife, if your employer asks for one
- For adoption leave: the custody agreement with the adoption society and its exit certificate
Steps
- Give your employer written notice at least 7 days before, saying the date you'll start maternity leave and that you'll return afterwards.
- Adopting? Tell your employer in writing at least 14 days before the child is placed with you.
- If your employer refuses the leave or dismisses you, complain to the labour officer in your area.
- You can also take the case to the Employment and Labour Relations Court, which hears employment disputes.
Watch out
- After maternity leave you can go back to the same job, or a reasonably suitable one on terms no worse than before.
- Pregnancy, or a reason connected with it, is not a fair reason to dismiss or discipline you.
- Taking maternity leave doesn't cost you your annual leave.
Who this covers
- Female employees: three months' maternity leave with full pay.
- Male employees: two weeks' paternity leave with full pay.
- Employees having a child placed in their care for adoption: one month's pre-adoptive leave with full pay from the placement.
Official sources (5)
- Employment Act, 2007 (No. 11 of 2007) labour.go.ke · read 2 Oct 2026
- Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 2 Oct 2026
- Employment (Amendment) Act, 2021 (No. 2 of 2021), Kenya Gazette Supplement No. 53 labour.go.ke · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Handling of Labour Disputes labour.go.ke · read 2 Oct 2026