Maternity & Paternity Leave in Kenya 2026

Maternity Leave Overview

Maternity leave in Kenya is a fundamental employment right protected by Section 29 of the Employment Act 2007. Female employees are entitled to 3 months (90 calendar days) of maternity leave with full pay. This entitlement is one of the most important protections in Kenyan labour law and applies to all female employees regardless of the nature of their employment contract.

The 90-day entitlement is counted in calendar days, not working days. This means weekends and public holidays within the maternity leave period are included in the count. In practice, 90 calendar days translates to approximately 13 weeks or just over 3 calendar months.

Kenya's maternity leave provision compares favourably with many countries in the region and meets the International Labour Organization's minimum recommendation of 14 weeks. For a broader view of all leave types, see our comprehensive Leave Entitlement Guide.

Eligibility Requirements for Maternity Leave

The Employment Act 2007 provides broad eligibility for maternity leave:

• All female employees: The right to maternity leave applies to every female employee, whether on permanent, contract, casual, or probationary terms
• No minimum service period: Unlike sick leave (which requires two months of service), maternity leave does not have a minimum service period requirement under the Act. An employee who becomes pregnant during her first month of employment is still entitled to the full 90 days
• Multiple pregnancies: There is no limit on the number of times an employee can take maternity leave. The entitlement applies for each pregnancy
• Miscarriage and stillbirth: The Act does not explicitly address miscarriage. However, in practice, employees who experience a miscarriage or stillbirth after a significant period of pregnancy are typically granted maternity leave or sick leave at the employer's discretion

Pay During Maternity Leave

The Employment Act requires that maternity leave be granted with full pay. This means:

• The employee continues to receive her normal salary for the entire 90-day period
• Full pay includes the basic salary and any fixed, regular allowances that form part of the employee's normal monthly remuneration
• Variable components such as overtime, commissions, and performance bonuses are typically excluded unless the employment contract specifies otherwise
• Statutory deductions (PAYE, NSSF, SHIF, Housing Levy) continue to apply on maternity pay, as it is treated as normal earnings for tax purposes

Some employers go beyond the legal minimum by offering extended maternity leave (up to 4 or 6 months) or additional benefits such as a gradual return-to-work programme. These enhanced benefits are becoming more common among progressive employers in Kenya.

Maternity Pay Calculation Example

An employee earning a gross monthly salary of KES 75,000 goes on maternity leave:

The employee receives her normal net pay each month during maternity leave. Use our salary calculator to compute exact figures for any salary amount.

Notification Requirements

The Employment Act requires the following notification process:

1. Advance notice: The employee must give her employer at least seven days' written notice of her intention to proceed on maternity leave, or a shorter period if circumstances (such as medical complications) require earlier departure
2. Expected date of delivery: The notice should include the expected date of delivery and the intended start date of maternity leave
3. Medical certificate: While not strictly required by the Act for the initial leave, employers commonly request a medical certificate confirming the pregnancy and expected delivery date
4. Start date flexibility: The employee can choose when to begin maternity leave. Some women choose to work until close to their due date, while others prefer to start leave several weeks before. The full 90 days apply regardless of when leave begins

Job Protection During and After Maternity Leave

The Employment Act provides strong protections for employees on maternity leave:

• No dismissal: It is unlawful to dismiss an employee because she is pregnant or because she takes maternity leave. Any such dismissal is automatically unfair and can result in significant compensation ordered by the Employment and Labour Relations Court
• Right to return: Upon return from maternity leave, the employee is entitled to return to the same position she held before the leave, or to a reasonably suitable alternative position on terms no less favourable
• No demotion: An employer cannot demote, transfer, or reduce the pay or benefits of an employee as a consequence of her maternity leave
• Protection extends beyond leave: The protections against dismissal apply during pregnancy, during maternity leave, and for a reasonable period after return. Dismissing an employee shortly after her return from maternity leave may be deemed discriminatory
• Annual leave accrual: Annual leave continues to accrue during maternity leave, as the employee remains in continuous employment

Paternity Leave in Kenya

Following the amendment to the Employment Act, male employees in Kenya are entitled to 2 weeks (14 calendar days) of paternity leave with full pay upon the birth of their child.

Key Paternity Leave Provisions

• Duration: 14 consecutive calendar days, including weekends
• Pay: Full pay throughout the paternity leave period
• Timing: Paternity leave should be taken around the time of the child's birth. Most employers require it to be taken within one month of the birth
• Notice: The employee should inform the employer of the expected birth date as soon as practicable to allow for planning
• Documentation: Employers may request a birth notification or certificate as evidence
• Frequency: The entitlement applies for each birth. There is no annual cap on the number of times paternity leave can be taken (though it applies per birth event)

Eligibility for Paternity Leave

Paternity leave eligibility in Kenya is straightforward:

• All male employees: Permanent, contract, and probationary employees are eligible
• Biological father: The leave is available to the biological father of the newborn child
• Marital status: Paternity leave is not restricted to married employees. Unmarried fathers are also entitled to the leave
• Multiple births: In the case of twins or other multiple births from the same pregnancy, the paternity leave entitlement is 14 days (not multiplied by the number of children)

Adoption Leave

While the Employment Act 2007 does not explicitly provide for adoption leave, there is growing recognition of the need for such provisions in Kenya. Currently:

• No statutory entitlement: There is no specific legal requirement for employers to grant adoption leave
• Best practice: Progressive employers are increasingly offering adoption leave equivalent to maternity or paternity leave to employees who legally adopt a child
• Typical provisions: Where offered, adoption leave is commonly set at 30 to 90 days for the primary caregiver and 14 days for the secondary caregiver
• Policy recommendation: Employers should consider including adoption leave in their HR policies to support inclusive family-building and attract diverse talent
• Legal developments: There have been ongoing discussions in Kenya about formally legislating adoption leave. Employers should monitor legal developments in this area

Employer Checklist for Maternity and Paternity Leave

Before the Leave

1. Receive and acknowledge the employee's written notice of leave
2. Confirm the leave start date and expected return date
3. Discuss and document any interim arrangements for the employee's responsibilities
4. Ensure a comprehensive handover is completed before the leave begins
5. Confirm the employee's leave entitlements in writing (duration, pay, benefits continuation)
6. Update the payroll system to reflect the leave period
7. Arrange temporary cover if required (internal redistribution or temporary hire)

During the Leave

1. Process the employee's salary as normal each month during the leave period
2. Continue all statutory deductions and employer contributions (PAYE, NSSF, SHIF, Housing Levy)
3. Maintain the employee's benefits (medical insurance, pension contributions) without interruption
4. Avoid contacting the employee about work matters unless absolutely necessary and agreed upon
5. Keep the employee informed of any significant organisational changes that may affect their role

Upon Return

1. Welcome the employee back and provide a re-orientation if the absence was extended
2. Ensure the employee returns to the same position or an equivalent role
3. Discuss and accommodate any breastfeeding or childcare arrangements as needed
4. Consider a phased return if the company policy allows it (e.g., reduced hours for the first few weeks)
5. Update leave records and confirm the employee's annual leave balance, which should have continued accruing during the maternity period

Common Questions from Employers

These are the questions we hear most frequently from Kenyan employers about maternity and paternity leave:

• "Can we hire a permanent replacement while the employee is on maternity leave?" No. The employee has a legal right to return to her position. You can hire a temporary replacement or redistribute duties, but the role must be available upon her return.
• "What if the employee does not return after maternity leave?" If the employee resigns during or after maternity leave, normal resignation procedures apply. The employer cannot claw back maternity pay already paid.
• "Can maternity leave be extended?" The statutory minimum is 90 days. Employers can grant additional unpaid leave at their discretion. If the employee has a medical condition, additional time off may qualify as sick leave.
• "Does paternity leave apply to fathers of adopted children?" The current law ties paternity leave to the birth of a child. However, employers are encouraged to extend similar benefits to adoptive fathers as a matter of good practice.
• "Can maternity leave be split?" The Act does not provide for splitting maternity leave. It is intended to be taken as a continuous period of 90 days.

Impact on Payroll: PAYE, NSSF, and Deductions During Leave

One of the most common areas of confusion for payroll teams is how to handle statutory deductions during maternity and paternity leave. Here is the definitive guidance:

PAYE During Leave

Since maternity and paternity leave are paid at full salary, PAYE continues to be deducted as normal. The employee's salary is treated as regular employment income, and the standard PAYE calculation applies. There is no exemption or reduced rate for income earned during parental leave.

NSSF During Leave

NSSF contributions (both employee and employer) continue during maternity and paternity leave. Since the employee is still receiving their normal salary, the NSSF Tier I and Tier II contributions are calculated and remitted as usual. For details on NSSF calculations, see our NSSF Rates Guide.

SHIF and Housing Levy During Leave

Similarly, SHIF (2.75% of gross salary) and the Housing Levy (1.5% employee + 1.5% employer) continue to apply during the leave period. All statutory deductions are processed as if the employee were at work.

Employer Contributions During Leave

Employer-side contributions (NSSF employer portion, Housing Levy employer portion) also continue during the leave period. This is an important consideration for employers budgeting for the cost of maternity leave, as the total cost includes both the salary paid and the employer contributions.

Breastfeeding Provisions

While not strictly part of maternity leave, it is important for employers to be aware that Kenyan law and best practice recognise the rights of breastfeeding mothers in the workplace:

• The Health Act 2017 encourages employers to provide reasonable facilities for breastfeeding or expressing milk
• Many progressive employers provide a private lactation room and allow flexible break times for nursing mothers
• The WHO recommends exclusive breastfeeding for the first six months, which means support may be needed for several months after the employee returns from maternity leave

How SmartHR Kenya Supports Parental Leave Management

SmartHR Kenya's HR and payroll platform is designed to handle all aspects of maternity and paternity leave seamlessly:

• Leave type configuration: Maternity (90 days) and paternity (14 days) leave types are pre-configured with the correct durations and pay rules
• Automated payroll processing: The system continues to process normal salary and all statutory deductions during the leave period without any manual intervention
• Leave balance tracking: Annual leave continues to accrue during parental leave, and the system tracks this automatically
• Self-service applications: Employees can apply for maternity or paternity leave through the employee portal, with automated routing to the appropriate manager for approval
• Compliance alerts: The system alerts HR when an employee's maternity or paternity leave is about to end, prompting preparation for their return
• Document management: Store medical certificates, birth notifications, and other supporting documents against the employee's leave record

Visit our features page for more details, or explore our pricing plans to find the right package for your organisation.

Frequently Asked Questions

Can an employer require a medical certificate before granting maternity leave?

While the Employment Act only requires seven days' written notice from the employee, it is reasonable and common practice for employers to request a medical certificate confirming the pregnancy and expected delivery date. However, the employer cannot refuse maternity leave based on the absence of a medical certificate if the employee has given the required notice.

What happens if the baby is born prematurely?

If the baby is born before the employee's planned maternity leave start date, the 90-day period begins from the date of birth (or the date the employee stops working, whichever is earlier). The employee is still entitled to the full 90 calendar days regardless of when the birth occurs.

Is maternity leave pay taxable in Kenya?

Yes. Maternity leave pay is treated as normal employment income and is subject to all standard statutory deductions including PAYE, NSSF, SHIF, and the Housing Levy. There is no tax exemption for maternity pay in Kenya.

Can a father take maternity leave if the mother is unable to care for the child?

The Employment Act does not provide for transfer of maternity leave to the father. The father is entitled to his own 14 days of paternity leave. In exceptional circumstances where the mother is incapacitated, the father may apply for compassionate leave or unpaid leave at the employer's discretion. Some employers have progressive policies that allow for extended parental leave in such situations.

Does maternity leave apply to surrogate mothers?

The Employment Act does not specifically address surrogacy. In practice, a female employee who carries a pregnancy (including as a surrogate) would be entitled to maternity leave for the health and recovery aspects of childbirth. The intended parents may need to rely on adoption leave provisions or employer-specific policies. This is an evolving area of law in Kenya.

Maternity and paternity leave compliance is straightforward when you have the right systems in place. SmartHR Kenya ensures your organisation meets every requirement of the Employment Act 2007 while providing a seamless experience for your employees during one of the most important times in their lives. Start your free trial today and see how easy compliant HR management can be.