Companies seeking to extend their global workforce into Africa find Kenya to be a compelling source of talent. The nation’s high rate of 81.5% literacy has produced a workforce that is ready for work.

It will also be easy to communicate with your Kenyan staff because of the nation’s fast internet connections. Silicon Savannah is a term coined to describe Kenya, which has become a tech hub due to the state of its internet. Prominent tech giants like Google and Microsoft have established offices here and take advantage of the great connectivity.

Kenya can supply your company with trustworthy personnel, but in order to successfully hire there, you must abide by Kenya’s employment laws. This will guarantee that your staff members are comfortable working for you in addition to shielding you from legal issues. One of the most crucial regulations to follow is that regarding employee leave benefits.

The Employment Act of Kenya contains the country’s employment laws. The following information about Kenya’s leave policy will help you successfully hire workers there.

Standard working hours and overtime in Kenya

Although the normal workweek and hours are not explicitly prescribed by Kenyan law, most businesses follow a workweek that consists of 40 to 52 hours. The policies of your organization, any active collective bargaining agreements, or employment contracts will determine the typical workweek.

If an employee works past their regular working hours, it is deemed that they have worked overtime. Overtime workers are entitled to 150% of their regular pay.

Although it is illegal in Kenya to make an employee work more than their contracted hours, employers are permitted to plan overtime for their staff—especially in jobs where it is necessary. For example, health professionals may need to put in extra hours in order to save patients’ lives.

The law stipulates that workers have the right to a 24-hour rest day every seven days of work, even though it makes no mention of how much time they should spend relaxing during a regular workday.

You and your employee can, however, decide to postpone this rest day. They will either accrue deferred rest days or take their rest day the following day. These rest days can be converted, once accrued, into a maximum of 14 days of paid leave.

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.

Additional Points:

• Public holidays and rest days are not included in annual leave.
• Leave days should generally be used within the year they are earned.
• Employers cannot force employees to forfeit unused leave days.
• Offering compensation in exchange for forfeited leave is illegal.
• Kenyan law does not recognize same-sex relationships or offer parental leave to same-sex partners.

Other leaves not included in the Employment Act

While unforeseen circumstances can arise in anyone’s life, navigating workplace absences requires clear understanding of different leave types. This guide aims to clarify these distinctions.

Compassionate Leave:

• Purpose: Address unexpected personal situations, often related to the death or illness of a close friend or loved one.
• Duration: Company policy typically determines the number of days granted.
• Pay: Varies depending on company policy.
• Eligibility: Usually reserved for immediate family or close relatives.

Leave of Absence:

• Purpose: Attend to personal matters unrelated to work.
• Duration: Determined by company policy or agreement with the employee.
• Pay: Typically unpaid, but exceptions may exist based on company policy or collective bargaining agreements.
• Eligibility: Generally open to all employees with valid reasons.

Compulsory Leave:

• Purpose: Facilitate investigations into alleged employee misconduct.
• Duration: Company policy or disciplinary procedures determine the leave period.
• Pay: 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 Marzuna

Kenya has a willing and industrious labor force for any employer who can adhere to her labor regulations. Additionally, the nation’s openness to hiring foreign workers attracts talent. Develop your team’s knowledge of Kenyan employment law and expand into the Silicon Savannah.

Start working with Marzuna right now if you’re searching for a worldwide payroll and employment solution that will simplify hiring Kenyan workers. For you, our platform simplifies payroll, compliance, onboarding, and more. We put in extra effort to ensure there are no hiccups when hiring internationally.