23/11: The holiday season in Kenya is approaching, and many people choose to take their Annual Leave over this time. But with changes to some legislation – such as the proposed extension of maternity leave – some employees are not sure how much holiday leave they are entitled to. Some businesses also shut down during this period, which means employees must follow the annual leave laws. But just how much Annual Leave is allowed?
Holiday leave is a period of time off work that an employee is entitled to after every 12 consecutive months of service with an employer. Under section 28 of the Employment Act in Kenya, this leave is 21 working days during which the employee is entitled to full pay.
If you have worked for the same employer for 12 consecutive months of service you are entitled to leave. This also means that if you are employed on a temporary basis but have worked for 12 consecutive months you are entitled to Annual Leave. Where the employee works for less than a year, the number of days will be reduced accordingly.
In general, temporary and fixed term employed workers enjoy all the rights of an employee working on permanent terms, except those that are excluded explicitly (such as entitlement to pensions) or by the nature of a short term assignment (such as leave).
You can accumulate leave or “carry it over” when management has a reason to believe your absence from duty may hinder the production and or service delivery process. But the accumulated leave must be taken within 18 months. Otherwise, an employee will forfeit the accumulated leave.
Annual Leave is not be included with Sick Leave, Maternity Leave or Paternity Leave.