Maternity Leave Notice (Kenya)

A Maternity Leave Notice in Kenya gives formal notice of the sender's position or demand and the action required of the recipient.

Section 29 of the Employment Act No. 11 of 2007 provides that a female employee is entitled to three months of maternity leave with full pay. This entitlement applies regardless of the employee's length of service, the size of the employer's business, or the employee's position. The Act does not require a minimum qualifying period for maternity leave entitlement, distinguishing Kenya's regime from jurisdictions where maternity leave is conditional on a minimum period of continuous employment. Section 29(3) further provides that an employer shall not terminate an employee on account of pregnancy or maternity leave, and any such termination constitutes unlawful termination subject to the remedies available before the Employment and Labour Relations Court (ELRC) established under the Employment and Labour Relations Court Act No. 20 of 2011.

Article 27 of the Constitution of Kenya 2010 guarantees equality and non-discrimination and expressly prohibits discrimination on the grounds of pregnancy or marital status. Article 53 of the Constitution provides for the rights of children and is relevant in the context of maternity leave as the state's commitment to the welfare of children underpins the Employment Act's maternity leave provisions. The National Hospital Insurance Fund (NHIF) Act No. 9 of 1998 and the National Social Security Fund (NSSF) Act No. 45 of 2013 both require that contributions in respect of an employee on maternity leave continue to be remitted by the employer for the duration of the maternity leave, as the employment relationship is not suspended during maternity leave.

The Employment and Labour Relations Court (ELRC) at Nairobi and in circuit counties hears disputes arising from maternity leave entitlements, including claims for unpaid maternity leave salary, constructive dismissal during or after maternity leave, and victimisation of employees who exercise their maternity leave rights under Section 29 of the Employment Act No. 11 of 2007. The ELRC has in multiple judgments — including Teachers Service Commission v Salome Ndunge Katala [2018] eKLR — affirmed that the three-month maternity leave entitlement is an absolute right that cannot be contracted out of by the parties.

Paternity leave in Kenya is governed by Section 29A of the Employment Act No. 11 of 2007 (as amended), which entitles male employees to two weeks of fully paid paternity leave. A Maternity Leave Notice is a distinct document from a paternity leave notice and is submitted only by female employees.

The National Construction Authority (NCA) under the National Construction Authority Act No. 41 of 2011 and various sector-specific employment regulations (e.g., the Agricultural Employees Act Cap. 345, the Regulation of Wages (General) Order) do not reduce the minimum maternity leave entitlement under the Employment Act No. 11 of 2007, though they may supplement it in specific sectors. The Income Tax Act Cap. 470 does not treat maternity leave pay as a separate category of income — it remains employment income subject to PAYE deducted by the employer and remitted to the Kenya Revenue Authority (KRA) during the maternity leave period.

A Maternity Leave Notice in Kenya under Section 29 of the Employment Act No. 11 of 2007 is required whenever a female employee wishes to formally notify her employer of her impending maternity leave and to trigger the statutory obligations of the employer, including the obligation to pay full salary throughout the three-month leave period.

A Maternity Leave Notice is needed when a female employee employed under a written or oral contract of service — whether permanent, fixed-term, or casual — reaches a stage in her pregnancy where she is ready to commence the three-month maternity leave to which she is entitled under Section 29(1) of the Employment Act No. 11 of 2007. A written notice creates a formal record of the leave request and protects the employee in the event of any subsequent dispute with the employer about the timing, duration, or pay entitlement during leave.

A Maternity Leave Notice is required when a female employee employed by a public service body under the Public Service Commission Act No. 10 of 2017 or by a state corporation under the State Corporations Act Cap. 446 must comply with the specific notice procedures set out in the public service or state corporation's human resources policy and the relevant public service regulations, which typically require written notification to the human resources department before the commencement of maternity leave.

A Maternity Leave Notice is needed when a female employee wishes to document the agreed return-to-work date and confirm that her position, grade, and terms of employment are maintained during her absence, since Section 29(4) of the Employment Act No. 11 of 2007 requires the employer to maintain the employee's continuity of service during maternity leave and to allow her to return to the same or an equivalent position.

A Maternity Leave Notice is required when a female employee employed under a fixed-term contract approaching its expiry date during her pregnancy needs to formally document the interaction between her fixed-term contract end date and her maternity leave entitlement, since the Employment and Labour Relations Court (ELRC) has held that the non-renewal of a fixed-term contract due to pregnancy may constitute unlawful discrimination under Article 27 of the Constitution of Kenya 2010.

A Maternity Leave Notice is needed when a female employee intends to apply for NHIF maternity benefits under the National Hospital Insurance Fund Act No. 9 of 1998 — specifically the Linda Mama free maternity programme — and requires documentary evidence of her employment status and leave arrangements to support the NHIF claim.

A Kenya Maternity Leave Notice under Section 29 of the Employment Act No. 11 of 2007 must contain the following information to be complete, legally effective, and useful as a documentary record for both the employer and the employee.

Employee and Employer Details: Full legal name of the employee; employee identification number or staff number; job title and department; employer's full legal name and registered address; the name and position of the addressee (typically the Human Resources Manager or the employee's direct supervisor); and the date of the notice.

Expected Due Date and Leave Commencement Date: The expected delivery date as confirmed by a registered medical practitioner or midwife under the Medical Practitioners and Dentists Act Cap. 253; the proposed date on which maternity leave will commence; and the calculated end date of the three-month maternity leave under Section 29(1) of the Employment Act No. 11 of 2007. The Employment Act does not specify how far in advance a notice must be given, but best practice is to give at least four weeks' notice before the proposed commencement of leave.

Expected Return-to-Work Date: The anticipated date of return to work, calculated as three calendar months from the commencement date of maternity leave; and a statement of the employee's understanding that her position, terms, and conditions of employment will be preserved during her absence under Section 29(4) of the Employment Act No. 11 of 2007.

Request for Full Pay During Leave: A clear statement invoking the employee's right to full salary during the three-month maternity leave period under Section 29(1) of the Employment Act No. 11 of 2007; confirmation that PAYE deductions, NHIF contributions under the National Hospital Insurance Fund Act No. 9 of 1998, and NSSF contributions under the National Social Security Fund Act No. 45 of 2013 should continue to be processed by the employer during the leave period.

Handover Arrangements: The employee's proposal for the handover of duties before the commencement of leave; the name of the colleague or replacement who will cover duties during the leave period; and any specific requirements for a structured handover meeting.

Medical Certificate: Reference to the attached medical certificate or letter from a registered medical practitioner confirming the pregnancy, the expected delivery date, and, if early commencement of leave is sought due to medical reasons, the medical practitioner's recommendation for early leave under the Employment Act No. 11 of 2007.

Extension of Leave: An optional statement notifying the employer of the employee's intention to apply for an extension of maternity leave beyond three months using accrued annual leave under Section 28 of the Employment Act No. 11 of 2007, if applicable, or unpaid leave by agreement with the employer.

NSSF and NHIF Continuation: A request that the employer continue remitting NHIF contributions to enable the employee to access maternity benefits under the Linda Mama programme and NSSF contributions to avoid a gap in pension contributions under the National Social Security Fund Act No. 45 of 2013. The forms-legal.com Kenya Maternity Leave Notice template includes all mandatory fields required under Section 29 of the Employment Act No. 11 of 2007 and provides a structured handover schedule aligned with best practice HR management.

Additional compliance elements for a Maternity Leave Notice (Kenya) 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.