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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
Go to the official site

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

  1. Give your employer written notice at least 7 days before, saying the date you'll start maternity leave and that you'll return afterwards.
  2. Adopting? Tell your employer in writing at least 14 days before the child is placed with you.
  3. If your employer refuses the leave or dismisses you, complain to the labour officer in your area.
  4. 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)
  1. Employment Act, 2007 (No. 11 of 2007) labour.go.ke · read 2 Oct 2026
  2. Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 2 Oct 2026
  3. Employment (Amendment) Act, 2021 (No. 2 of 2021), Kenya Gazette Supplement No. 53 labour.go.ke · read 2 Oct 2026
  4. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
  5. Handling of Labour Disputes labour.go.ke · read 2 Oct 2026

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