Many employees in Kenya are unaware that when they resign, their employer is legally required to compensate them for any unused leave days. According to the Employment Act, every worker who has completed at least 12 months of continuous service is entitled to a minimum of 21 days of paid annual leave.
Employment lawyer Wanjiku Waithera explains that this right remains protected even when an employee quits before using their accrued leave days. The law ensures that any pending leave must be paid out as part of the final dues upon resignation or termination.
If leave days are not taken within 18 consecutive months, the employer is obligated to pay the equivalent cash value. This provision prevents workers from losing their earned benefits due to busy work schedules or administrative delays.
Beyond annual leave, Kenyan law also provides several other forms of leave:
- Maternity Leave: Female employees are entitled to three months of fully paid leave under Section 29 of the Employment Act. The law prohibits dismissal on grounds of pregnancy and guarantees a return to the same or equivalent position after maternity leave.
- Paternity Leave: Male employees can take at least 14 days of paid leave when their spouse gives birth.
- Sick Leave: After two months of employment, workers qualify for seven days of paid sick leave, provided they notify their employer and submit a valid medical report.
- Pre-Adoptive Leave: Employees adopting a child are entitled to 30 days of leave, which can start up to two weeks before the child’s placement.
Other forms, such as study, compassionate, or compulsory leave, depend on company policies.
Understanding your employment rights is crucial whether you’re planning to resign or negotiating your benefits, Kenyan labour law ensures you’re fairly compensated for your service and time.
