Leave Application Form
Kenya — Employment Act No. 11 of 2007
Leave Application Form
LEAVE APPLICATION FORM Employment Act No. 11 of 2007 — Kenya Date of Application: [Leave Start Date]
Section 1 — Employee Particulars
Employee Full Name: [Employee Name] Employee Number / Staff ID: [Employee Number] Department: [Department] Designation / Job Title: [Designation] Immediate Supervisor: [Supervisor Name] Employer / Organisation: [Employer Name]
Section 2 — Leave Details
Leave Category: [Leave Type] Leave Commencement Date: [Leave Start Date] Expected Return-to-Work Date: [Return Date] Total Working Days Requested: [Days Requested] Reason for Leave: [Leave Reason] Note: For sick leave exceeding three (3) consecutive days, a medical certificate from a KMPDC-registered medical practitioner must be attached under Section 30 of the Employment Act No. 11 of 2007. Maternity leave of three (3) months on full pay is guaranteed under Section 29 and cannot be refused by the employer.
Section 3 — Leave Balance and Entitlement
Leave Entitlement for Current Year: [Leave Year Entitlement] working days Leave Days Taken to Date: [Leave Taken To Date] days Days Applied For: [Days Requested] days Leave Balance After This Application: [Leave Balance After] days Handover Arrangements: [Handover Arrangements] Note: Annual leave must be granted within eighteen (18) months of accrual. Leave balances outstanding on termination must be paid in cash at the employee's daily rate per the Employment Act No. 11 of 2007. Employers must maintain a leave register under Section 74 of the Act, which Labour Inspectors may inspect under Section 89.
Section 4 — Employee Declaration
EMPLOYEE DECLARATION I, [Employee Name], hereby apply for the leave described above. I confirm that the information provided is accurate and that I have made appropriate handover arrangements to ensure continuity of operations during my absence. Employee Signature: ___________________________ Name: [Employee Name] Date: ___________________________
Section 5 — Supervisor Recommendation
SUPERVISOR RECOMMENDATION Recommendation: [Supervisor Recommendation] Comments: [Supervisor Comments] Supervisor Name: [Supervisor Name] Supervisor Signature: ___________________________ Date: ___________________________
Section 6 — HR / Management Approval
HR / MANAGEMENT APPROVAL [ ] APPROVED as applied [ ] APPROVED with modifications [ ] DEFERRED to an alternative period [ ] REJECTED on the following grounds: ___________________________ HR / Authorising Officer Name: ___________________________ Designation: ___________________________ Approval Date: [Approval Date] Signature: ___________________________
Section 7 — Return-to-Work Confirmation
RETURN-TO-WORK CONFIRMATION Actual Return Date: ___________________________ Employee Signature: ___________________________ Date: ___________________________ Confirmed by Supervisor: ___________________________ Date: ___________________________ Note: This record must be retained for at least five (5) years under Section 74 of the Employment Act No. 11 of 2007.
Employee
________________
Signature
Immediate Supervisor
________________
Signature
HR / Authorising Officer
________________
Signature
What Is a Leave Application Form?
A Leave Application Form in Kenya records the particulars needed to apply for the registration, permit or approval it concerns.
Kenya's Employment Act No. 11 of 2007 replaced the former Employment Act (Cap. 226) and introduced a modern framework for individual employment relationships. The Act is administered by the Ministry of Labour and Social Protection through the Directorate of Labour. Labour Inspectors appointed under Section 89 of the Act are empowered to inspect employment records — including leave registers — and may issue improvement notices where employers fail to maintain accurate leave documentation.
Beyond annual leave under Section 28, the Employment Act No. 11 of 2007 provides for sick leave (Section 30 — up to seven days on full pay and seven days on half pay per annum, subject to a medical certificate from a registered medical practitioner), maternity leave (Section 29 — three months on full pay for female employees), and paternity leave (two weeks on full pay for male employees, added by the Employment (Amendment) Act No. 37 of 2022). The Employment and Labour Relations Court, established under the Employment and Labour Relations Court Act No. 20 of 2011, adjudicates disputes arising from denial or unlawful deduction of leave entitlements.
The National Industrial Training Authority (NITA), established under the Industrial Training Act (Cap. 237), recommends that organisations implement standardised leave management systems that integrate with payroll. Many Kenyan employers registered with the National Social Security Fund (NSSF) under the NSSF Act No. 45 of 2013 and the National Hospital Insurance Fund (NHIF) under the National Hospital Insurance Fund Act (Cap. 255) — now transitioning to the Social Health Insurance Fund (SHIF) under the Social Health Insurance Act No. 16 of 2023 — use forms-legal.com Leave Application templates as part of their HR documentation suite.
Public servants in the national and county governments use leave application procedures governed by the Public Service Commission Act No. 10 of 2017 and the Public Service Human Resource Policies and Procedures Manual. County governments established under the County Governments Act No. 17 of 2012 maintain their own leave calendars, though the Employment Act No. 11 of 2007 sets the minimum floor of entitlements applicable across both public and private sectors.
A properly completed Leave Application Form confirms continuity of operations, prevents leave liability accumulation on employer balance sheets, and provides documentary evidence in Employment and Labour Relations Court proceedings where leave-related claims — for wrongful denial, constructive dismissal linked to leave refusal, or unpaid leave on termination — are brought by employees.
When Do You Need a Leave Application Form?
A Leave Application Form Kenya is needed every time an employee requests authorised absence, whether for annual leave under Section 28 of the Employment Act No. 11 of 2007, sick leave under Section 30, maternity leave under Section 29, paternity leave as amended by the Employment (Amendment) Act No. 37 of 2022, or compassionate leave granted under an employer's HR policy or collective bargaining agreement.
Employers registered with the Registrar of Companies under the Companies Act No. 17 of 2015, or operating as partnerships, sole traders, or NGOs registered under the Non-Governmental Organisations Co-ordination Act (Cap. 134), need standardised Leave Application Forms to build a defensible paper trail. When an employment dispute reaches the Employment and Labour Relations Court, Labour Court judges examine leave records as primary evidence of whether statutory entitlements were honoured.
Organisations implementing ISO 9001 quality management systems and businesses subject to external audit by the Kenya National Audit Office (KENAO) or internal audit departments under the Public Finance Management Act No. 18 of 2012 require systematic leave documentation. Financial institutions supervised by the Capital Markets Authority (CMA) under the Capital Markets Act (Cap. 485A) and the Retirement Benefits Authority (RBA) under the Retirement Benefits Act No. 3 of 1997 need leave records for regulatory compliance reviews.
Small and medium enterprises (SMEs) supported by the Kenya National Chamber of Commerce and Industry and county enterprise funds under the Micro and Small Enterprises Act No. 55 of 2012 also benefit from a structured leave form that protects both employer and employee rights and reduces the risk of Labour Inspectorate enforcement notices. Under Kenya law, Section 15 of the Employment Act 2007 (No. 11 of 2007) and Section 10 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.
Parties in Kenya should prepare a Leave Application Form proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Employment Act No. 11 of 2007, the Employment and Labour Relations Court (ELRC) adjudicates workplace disputes in Kenya. Section 35 of the Employment Act 2007 governs termination of employment. The National Social Security Fund Act No. 45 of 2013 mandates employer contributions to NSSF. The Social Health Insurance Fund (SHIF) replaced NHIF in 2024. The Kenya Revenue Authority (KRA) administers PAYE under the Income Tax Act (Cap. 470). Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Leave Application Form
A Kenya Leave Application Form compliant with the Employment Act No. 11 of 2007 must include the following key elements.
**Employee Particulars:** Full name, employee number, department, designation, and reporting supervisor. In organisations with multiple worksites, the worksite location is also recorded for labour inspector reference.
**Leave Category:** Clear identification of the leave type being requested — annual leave (Section 28), sick leave (Section 30), maternity leave (Section 29), paternity leave, compassionate/bereavement leave, study leave, unpaid leave, or any other category defined in the employer's HR policy or a collective bargaining agreement registered with the Employment and Labour Relations Court.
**Leave Dates:** The requested commencement date, return-to-work date, and total number of working days applied for. Public holidays gazetted under the Public Holidays Act (Cap. 110) falling within the leave period should be excluded from the working-days count.
**Leave Balance:** The employee's current leave entitlement balance, leave days already taken in the current leave year, and the balance remaining after the application. This data is drawn from the employer's leave register, which Labour Inspectors may inspect under Section 89 of the Employment Act No. 11 of 2007.
**Reason for Leave:** A brief statement of the reason, particularly important for sick leave (where Section 30 requires a medical certificate after three days) and compassionate leave. The reason need not be overly detailed for annual leave.
**Handover Arrangements:** Details of the colleague or acting officer who will cover the employee's duties during the absence, confirming operational continuity. Required in many public service and regulated-sector HR policies.
**Employee Declaration:** The employee's signature and date confirming the accuracy of the application and acknowledgment of the leave policy.
**Supervisor Recommendation:** Approval or deferral recommendation from the immediate supervisor, with comments and signature.
**HR/Management Approval:** Final approval or rejection by HR or senior management, with the authorising officer's name, designation, and date. Rejection must be based on operational grounds and communicated in writing to avoid constructive dismissal claims under Section 46 of the Employment Act No. 11 of 2007.
**Return-to-Work Confirmation:** A post-leave acknowledgment section signed by the employee on resumption, confirming the actual return date. This closes the leave record and is reviewed during payroll reconciliation.
Forms-legal.com provides a Leave Application Form template pre-formatted for Kenyan HR practice, incorporating all statutory leave categories under the Employment Act No. 11 of 2007 and the Employment (Amendment) Act No. 37 of 2022, with fields designed for both manual completion and digital HR platforms. Under Kenya law, Section 15 of the Employment Act 2007 (No. 11 of 2007) and Section 10 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.
Additional compliance elements for a Leave Application Form used in Kenya include: Under the Employment Act No. 11 of 2007, the Employment and Labour Relations Court (ELRC) adjudicates workplace disputes in Kenya. Section 35 of the Employment Act 2007 governs termination of employment. The National Social Security Fund Act No. 45 of 2013 mandates employer contributions to NSSF. The Social Health Insurance Fund (SHIF) replaced NHIF in 2024. The Kenya Revenue Authority (KRA) administers PAYE under the Income Tax Act (Cap. 470). Forms-legal.com provides this template as a starting point for Kenya-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Leave Application Form (Kenya) [Legal document template]. Forms Legal. https://forms-legal.com/kenya/employment/hr-forms/ke-leave-application-form
"Leave Application Form (Kenya)." Forms Legal, 2026, https://forms-legal.com/kenya/employment/hr-forms/ke-leave-application-form.
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howpublished = {\url{https://forms-legal.com/kenya/employment/hr-forms/ke-leave-application-form}},
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}Also available for these jurisdictions:
Frequently Asked Questions
Under Section 28 of the Employment Act No. 11 of 2007, every employee in Kenya who has completed two or more consecutive months of continuous employment with the same employer is entitled to a minimum of twenty-one working days of paid annual leave per leave year. The leave year runs from the anniversary of the employee's commencement date unless the employer's HR policy or a collective bargaining agreement registered with the Employment and Labour Relations Court specifies a different reference period. Employers may not substitute leave with pay in lieu except on termination of employment, when any outstanding leave balance must be paid out at the employee's daily rate. Failure to grant annual leave is an offence under the Act and may result in enforcement action by Labour Inspectors from the Directorate of Labour.
Section 30 of the Employment Act No. 11 of 2007 provides that an employee who is incapacitated by illness is entitled to sick leave of up to seven days on full pay and seven days on half pay per annum. For absences exceeding three consecutive days, the employee is required to produce a medical certificate signed by a registered medical practitioner — that is, a doctor registered with the Kenya Medical Practitioners and Dentists Council (KMPDC) under the Medical Practitioners and Dentists Act (Cap. 253). The Leave Application Form should capture the name and registration number of the issuing practitioner, the diagnosis or nature of illness (where the employee consents to disclosure), and the recommended period of absence. Employers may not penalise employees for certified sick leave, and repeated non-payment of sick leave pay may ground a constructive dismissal claim before the Employment and Labour Relations Court.
Section 29 of the Employment Act No. 11 of 2007 grants every female employee three months of maternity leave on full pay, regardless of her length of service. Maternity leave is in addition to annual leave entitlement under Section 28, and the employer may not require the employee to work during maternity leave or penalise her for taking it. The employee should give reasonable notice — typically two weeks — of the expected delivery date and the intended commencement of maternity leave. The Leave Application Form for maternity leave should record the expected date of delivery, the proposed commencement date, and the expected return-to-work date. On return, the employer is obliged to offer the same or equivalent position at the same pay. Dismissal connected to pregnancy or maternity leave constitutes unlawful discrimination under Section 5(3) of the Employment Act No. 11 of 2007.
Yes. The Employment (Amendment) Act No. 37 of 2022 amended the Employment Act No. 11 of 2007 to provide male employees with two weeks of paid paternity leave on the birth of a child. Prior to this amendment, paternity leave was a matter of employer HR policy rather than statutory right. The amendment aligns Kenya with the International Labour Organization Convention No. 156 on Workers with Family Responsibilities, ratified by Kenya. The Leave Application Form for paternity leave should record the birth certificate number or expected delivery date, the commencement and return dates, and supervisor approval. Employers who deny paternity leave or make deductions from salary during such leave are in breach of the Employment Act and may face a complaint to the Directorate of Labour or a claim before the Employment and Labour Relations Court under Section 73 of the Act.
An employer in Kenya may defer — but not permanently refuse — an employee's annual leave request on genuine operational grounds. The Employment Act No. 11 of 2007 does not allow an employer to accumulate an employee's untaken leave indefinitely: all annual leave must be granted within eighteen months of accrual, and any balance outstanding on termination must be paid in cash. A supervisor's rejection of a leave application should be communicated in writing, stating the operational reason and proposing an alternative period. Systematic refusal to grant leave, or approving leave only on conditions that amount to a penalty, may constitute constructive dismissal under Section 46 of the Employment Act. Maternity leave under Section 29 cannot be refused at all — it is a statutory right that the employer cannot override regardless of operational needs.
Section 74 of the Employment Act No. 11 of 2007 requires every employer to maintain employment records for each employee, including records of leave taken and leave balances. The records must be kept for at least five years and must be made available to Labour Inspectors appointed under Section 89 of the Act on request. The leave register should record each leave application, the approval status, the dates of absence, and the number of days deducted from the employee's entitlement balance. Failure to maintain proper leave records is an offence under the Employment Act and may result in a fine of up to one hundred thousand Kenya shillings on conviction before a Magistrates' Court. Digital leave management systems integrated with payroll platforms satisfy the record-keeping obligation provided data is securely stored and retrievable.
Compassionate leave — also called bereavement leave — is granted to employees to attend to family emergencies or funerals. The Employment Act No. 11 of 2007 does not prescribe a statutory minimum for compassionate leave; it is therefore governed by the employer's HR policy, the employee's contract of employment, or a collective bargaining agreement registered with the Employment and Labour Relations Court. Most large Kenyan employers grant between three and five working days of paid compassionate leave per incident. The Leave Application Form should capture the relationship of the deceased or incapacitated person to the employee and, where required by HR policy, supporting documentation such as a death certificate issued by the Registrar of Births and Deaths under the Births and Deaths Registration Act (Cap. 149). Where an employer's policy is silent, employees may request unpaid leave or use annual leave days under Section 28 of the Employment Act.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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