Companies looking to expand their global workforce into Africa often find Kenya to be an appealing talent pool. The country boasts a high literacy rate of 81.5%, contributing to a skilled and ready-to-work workforce.

Effective communication with Kenyan staff is facilitated by the nation’s fast internet connections, earning it the nickname “Silicon Savannah.” Kenya has emerged as a tech hub, attracting major players like Google and Microsoft, who have established offices to capitalize on the robust connectivity.

While Kenya can provide reliable personnel for your company, it’s crucial to navigate the hiring process in accordance with the country’s employment laws. Adhering to these regulations ensures that your staff is comfortable working for you and shields your company from legal complications. One key aspect to prioritize is compliance with Kenya’s employee leave benefits regulations.

The Employment Act of Kenya serves as the repository of the country’s employment laws. Understanding Kenya’s leave policy, as outlined in this context, is essential for successfully hiring and managing workers in the country.

Standard working hours and overtime in Kenya

Kenyan legislation does not specifically specify the regular workweek or hours, however most enterprises operate on a 40–52 hour weekly. The normal workweek will be determined by your company’s regulations, any active collective bargaining agreements, and employment contracts.

An employee is considered to have put in overtime if they work over their regular working hours. Employees who work overtime are entitled to 150% of their base wage.

While it is against the law in Kenya to force an employee to work longer than their agreed-upon hours, businesses are allowed to schedule overtime for their employees—particularly for occupations that require it. For instance, medical personnel might have to work longer shifts in order to save patients’ lives.

The law does not specify how much time employees should spend unwinding during a typical workday, but it does mandate that they have the right to a 24-hour rest day every seven days of work.

However, you and your staff member may choose to reschedule this day of rest. Either they will use their rest day the next day, or they will earn postponed rest days. Once accumulated, these rest days may be exchanged for up to 14 days of paid time off.

Public holidays in Kenya

Kenya celebrates a vibrant mix of public holidays throughout the year, commemorating historical events, religious observances, and cultural traditions. These holidays offer a window into the nation’s rich heritage and provide opportunities for citizens to come together and celebrate.

National Holidays:

• January 1: New Year’s Day
• March or April: Good Friday
• March or April: Easter Monday
• May 1: Labour Day
• June 1: Madaraka Day
• October 20: Eid-ul-Fitr (Muslim)
• December 12: Independence Day
• December 25: Christmas Day
• December 26: Boxing Day

Movable Dates:

• First Monday of October: Huduma Day (honors public servants)
• December 12th: Jamhuri Day (establishment of the republic)

Additional Holidays:

• December 31st: New Year’s Eve
• 12th day of Rabi’ al-awwal: Maulid Nabi (Islamic)

Regional Holidays:

• October 20th (Mombasa): Mashujaa Day (independence heroes)
• September (Maasai Mara): Losoito Festival (Maasai culture)

Types of leave in Kenya

As an employer in Kenya, navigating the complexities of leave entitlements can be challenging. This guide aims to provide clarity and ensure compliance with Kenyan labor laws.

Annual Leave:

• Minimum: 21 days per 12 months of employment.
• Pay: Full salary during leave.
• Accrual: 1.75 days per month.
• Carry-over: Unused days must be used within 18 months.
• Compensation: Allowed only during termination, resignation, or contract end.
• Termination: Employees accrue leave days until termination and are entitled to payment for unused days.
• Collective Bargaining Agreements: Can increase leave entitlement.

Sick Leave:

• Entitlement: 14 days per 12 months after 2 months of employment.
• Pay:
  • First 7 days: 100% of salary.
  • Remaining 7 days: 50% of salary.
• Documentation: Medical certificate required.

Maternity Leave:

• Duration: 3 months.
• Pay: Full salary during leave.
• Notice: 1 week before leave start (shorter notice permissible in certain situations).
• Commencement: No specific timeframe before birth.
• Documentation: Medical certificate may be requested.
• Return to work: Same job or different role with similar conditions.
• Termination/discrimination: Prohibited during and after maternity leave.
• Pre-adoptive Leave:
  • Duration: 1 month.
  • Pay: Full salary during leave.
  • Notice: 14 days before child placement date with supporting documents.
  • Commencement: Child placement date.
  • Extension: Possible with employer consent or through other leave types.
  • Return to work: Same job or different role with similar conditions.

Paternity Leave:

• Duration: 2 weeks.
• Pay: Full salary during leave.

Other leaves not included in the Employment Act

Dealing with unexpected events in life is inevitable, but effectively managing workplace absences requires a clear understanding of various types of leaves. This guide aims to provide clarity on these distinctions.

Compassionate Leave:

Objective:
Address unforeseen personal situations, often connected to the death or illness of a close friend or family member.

Duration:
The number of days granted is typically determined by company policy.

Compensation:
Varies according to company policy.

Eligibility:
Generally reserved for immediate family or close relatives.

Leave of Absence:

Objective:
Attend to personal matters unrelated to work.

Duration:
Determined by company policy or as agreed upon with the employee.

Compensation:
Typically unpaid, though exceptions may exist based on company policy or collective bargaining agreements.

Eligibility:
Generally open to all employees with valid reasons.

Compulsory Leave:

Objective:
Facilitate investigations into alleged employee misconduct.

Duration:
The leave period is determined by company policy or disciplinary procedures.

Compensation:
May be unpaid or partially paid, depending on company policy and the nature of the investigation.

Eligibility:
Imposed by the employer upon suspicion of misconduct.

Hire Employees Successfully With EOR Services

Any employer that can follow Kenya’s labor laws can hire a willing and hardworking worker force. Talent is also drawn to the country by its willingness to hire foreign workers. Increase the understanding of Kenyan employment legislation among your staff and branch out into the Silicon Savannah.

If you’re looking for an international payroll and employment solution that will make employing Kenyan employees easier, get in touch with EOR Services right now. Our platform streamlines onboarding, payroll, compliance, and other processes for you. When recruiting overseas, we go above and above to make sure everything goes smoothly.