The bill seeks to amend section 29 of the Employment Act Chapter 226 Laws of Kenya (“Employment Act”) by giving a female employee the option of an additional three months maternity leave without pay after the first three months leave with pay making it a six months maternity leave.

The bill aims to align the Employment Act with the International Labour Organization Maternity Protection Convention, 2000 (No. 183) (“the Convention”).  Article 4 of the Convention recommends maternity leave for a minimum period of eighteen weeks. The World Health Organization (WHO) also recommends infants to be exclusively breastfed for six (6) months.

A balance has to be maintained between the interests of the employer and the welfare of female employees hence the proposal that the extra three months be without pay. Women organizations for instance, Career Mothers For Exclusive Breastfeeding Organization (“the Organization”) feel the bill should be amended to have a positive impact on employees of all social classes. The organization is proposing that female employees should work half day for full pay for the three extra months since not all female employees can manage three additional months without pay.

The Federation of Kenya Employers is yet to issue comments on the bill.

We shall monitor the progress of the bill and give updates as it moves through the different legislative stages until it is passed into law.

Please contact us at Info@cfllegal.com should you require further information.