Maternity and Paternity leave in Kenya

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Receiving your bundle of joy is the dream and desire of most women. Whether you work from the office, work remotely, or are a stay-at-home mum, it doesn’t matter. The law allows parents to take paid maternity leave once their nine months come to completion. Paternity leaves enable the dad to celebrate the addition of a new family member.

Although the law allows only three months, some moms ask for an extension by taking their sick and annual leave after the three months. Mothers, especially new mums, are often anxious about leaving a three-month-old baby in the care of a third party. Every opportunity to spend an extra day with your child is juggled.

 Maternity Leave

According to section 29 of the Employment Act, 2007 Laws in Kenya, female employees are entitled to 90 days of maternity leave. Note that it is 90 calendar days and not 90 working days. Regardless of the maternity leave, she is entitled to annual and sick leaves even if she falls ill during the maternity leave, provided she consents to her employer.

A pregnant woman is eligible for maternity leave on full pay if she gives no less than seven days written notice before proceeding with the leave. Female employees have the right to exercise their maternity leave and, if required by the employer, must produce a certificate of their condition from the hospital.

Noteworthy, the law does not limit women to the number of times they take maternity leaves. Additionally, the woman is entitled to full remuneration and other work benefits which she is entitled to. No employer should fire a pregnant woman or a new mum due to maternity leave.

Paternity Leave

Paternity leave in Kenya is a growing topic of conversation as more and more companies recognize the importance of fathers being present for the early stages of their child’s life. Also, paternity leave has been shown to positively impact the father’s mental health, relationship with their child, and overall family dynamics. To accomplish successful parenting, undertake your paternity leave, and enjoy bonding with your newborn child. Use your paternity leave to bond with your wife and let her feel special, which unites the family more.

Fathers are entitled to two weeks of paternity leave in Kenya with full pay. However, some employers give more days. Consult with your organization to know your entitled paternity leave days. Paternity leave is given after the spouses give birth. Note that it is when the wife on your NHIF card gives birth, not a second wife or other lovers.

Paternity leave is beneficial because it helps you bond with the new addition to the family and help the new mom care for the newborn.

TSC Maternity and Paternity Leave

According to the recent updates released by the Commission’s CEO, Nancy Macharia, a female teacher has the right to 120 calendar days of paid maternity leave from the day of confinement. The application for the leave is to be submitted to the DEO/MEO/DCE through the head of the school and should be done at least one month before the leave. Supporting documents must be attached. 

On the other hand, a male teacher is entitled to 21 days of paid paternity leave within the period of the spouse’s maternity leave. If the male teacher has more than one wife, paternity leave is issued concerning the one whose name appears on the National Health Insurance Fund Card. Similarly, the application should be submitted to the DEO/MEO/DCE through the school principal and attach the spouse’s letter of confinement.

Note that the leave will not include annual leaves such as school holidays. The application form is downloadable on the TSC website.

How to Apply for TSC Maternity Leave Online.

If you are looking to apply for your maternity leave online, here is the procedure;

  1. Go to TSC online application portal.
  2. Fill in your details; TSC number, ID number, and phone number
  3. Click on login and enter the six digits verification code sent to your phone
  4. Click on the plus icon to view the various options, including the leave type
  5. Click on the type of leave to display the available options
  6. Click on TSC maternity leave
  7. Fill out the maternity form with the correct details
  8. Submit the application

Wait for approval, and then log out.

Documents Required for Application of TSC Maternity Leave

  • Completely filled TSC Online Leave Application Form
  • Doctor’s certificate, which should be submitted at least 15 days before the leave
  • Certificate regarding the birth of a child
  • Family declaration

Challenges for Working Mothers

Employers are not the same, and women have reported dissatisfaction regarding the issuance of maternity leaves. Some employers give maternity leave for weeks, while others are not paid during the leave. Casually employed women do not enjoy any maternity benefits, and to the worst, some end up losing their jobs.

Some mothers feel pressured to return to work within a short period and leave their young ones very soon. Few workplaces have implemented policies to enable female employees to work and breastfeed successfully after maternity leave.