Sick Leave
Income
In accordance with the Employment Act, every worker is entitled to paid sick leave (sickness benefit) for up to 14 days per year, after completion of 2 months of service with an employer. In order to avail sickness benefits, worker must ensure the production of certificate of incapacity to work, signed by a qualified medical practitioner or a person acting on the practitioner's behalf who is in charge of a dispensary or medical aid centre.
Employer may provide fully paid sick leave for the first 07 days, and half wages are paid for the remaining 07 days. This full pay includes basic pay excluding deductions.
Source: §30 of the Employment Act 2007; ISSA Country Profile for Kenya
Medical Care
In accordance with the Employment Act, an employer has to ensure sufficient availability of proper medicines for a worker during illness and, if possible, medical attendance should also be provided during serious illness. The workers covered under the National Hospital Insurance Fund Act are entitled to medical benefits in the case of hospitalization and these include general medical care, specialist care, medicine, hospitalization, and transportation.
Moreover, under the previous regime, Health insurance for employees was governed by the National Hospital Insurance Fund Act (NHIF Act), with employer-facilitated contributions and a defined benefit package. The Social Health Insurance Act was enacted in 2023 to replace the NHIF Act and create a new framework with three key funds (Primary Healthcare Fund, Social Health Insurance Fund, Chronic Illness & Emergency Fund). The detailed design (contribution rates, registration, benefits) was delegated to regulations. The Social Health Insurance (General) Regulations, 2024 make registration under the Social Health Authority compulsory for all residents, including employees, and define employer duties to register employees and remit contributions (monthly salary deduction of 2.75% of the gross salary).
Source: §34 of the Employment Act 2007
Job Security
According to the Employment Act 2007, an employer may not dismiss a worker during his/her period of sick leave, pregnancy or disability. Such a dismissal would be unfair.
Source: §46 of the Employment Act 2007
Regulations on Sick Leave
- Employment Act, 2007
- Work Injury Benefits Act, 2007
