Paternity Leave Notice (Kenya)
PATERNITY LEAVE NOTICE
Employment Act No. 11 of 2007, Section 29A (as amended by the Employment (Amendment) Act 2021)
Date: [Notice Date]
To: [Addressed To]
[Employer Name]
[Employer Address]
From: [Employee Name] (Employee No: [Employee Number])
Job Title: [Job Title] | Department: [Department]
NIC Number: [Employee NIC Number]
NOTICE OF PATERNITY LEAVE
I write to formally notify you that I am exercising my statutory right to paternity leave under Section 29A of the Employment Act No. 11 of 2007 (as inserted by the Employment (Amendment) Act 2021), which entitles a male employee in Kenya to 14 days of paid paternity leave following the birth of his child.
Expected / Actual Date of Birth: [Expected Birth Date]
Paternity Leave Period: [Leave Start Date] to [Leave End Date] (14 calendar days).
Expected Date of Return to Work: [Return To Work Date].
PAY ENTITLEMENT
I confirm that I am entitled to receive my full basic wage/salary during the above paternity leave period as required by Section 29A of the Employment Act No. 11 of 2007. I further confirm that this leave should NOT be deducted from my annual leave balance under Section 28 of the Employment Act No. 11 of 2007, as paternity leave and annual leave are separate and independent entitlements.
National Social Security Fund (NSSF) contributions under the NSSF Act No. 45 of 2013, National Hospital Insurance Fund (NHIF) / Social Health Insurance Fund (SHIF) contributions, and Pay As You Earn (PAYE) deductions under the Income Tax Act Cap. 470 will continue to apply to salary paid during this leave period.
HANDOVER ARRANGEMENTS
During my paternity leave, my duties will be covered by: [Handover Colleague]. I will complete a full handover of all outstanding matters before my leave commences and will be available by mobile telephone for urgent matters at the employer's reasonable discretion.
SUPPORTING EVIDENCE
Supporting evidence of the birth to be provided: [Supporting Document]. A birth certificate will be registered with the Births and Deaths Registration Unit under the Registration of Births and Deaths Act Cap. 149 within 3 months of birth and a copy provided to HR upon receipt.
REQUEST FOR WRITTEN ACKNOWLEDGMENT
I respectfully request that you acknowledge receipt and approval of this Paternity Leave Notice in writing by signing the employer confirmation block below, to create an agreed record of the leave in accordance with good employment practice and to avoid any dispute before the Employment and Labour Relations Court of Kenya established under Article 162(2)(a) of the Constitution of Kenya 2010.
Yours faithfully,
Employee: [Employee Name]
EMPLOYER ACKNOWLEDGMENT
We confirm receipt and approval of the above Paternity Leave Notice. The employee's paternity leave from [Leave Start Date] to [Leave End Date] is approved under Section 29A of the Employment Act No. 11 of 2007 and shall be treated as paid statutory paternity leave, separate from annual leave.
On behalf of [Employer Name]:
Employee
________________
Signature
HR Manager / Employer Representative
________________
Signature
What Is a Paternity Leave Notice (Kenya)?
A Paternity Leave Notice in Kenya communicates a binding demand or notice and the consequences of failing to comply.
The 14-day paid paternity leave entitlement under Section 29A of the Employment Act No. 11 of 2007 is a minimum statutory right applicable to all male employees in Kenya, regardless of the sector in which they work, their length of service, or the type of their employment contract — whether permanent, fixed-term, or casual under Section 37 of the Act. The employer must pay the employee their full basic wage or salary during the paternity leave period. Paternity leave under Section 29A does not count against annual leave accrued under Section 28 of the Employment Act No. 11 of 2007, nor against sick leave under Section 30 of the Act.
The Kenya National Human Rights Commission (KNCHR) and the Employment and Labour Relations Court of Kenya — established under Article 162(2)(a) of the Constitution of Kenya 2010 and the Employment and Labour Relations Court Act No. 20 of 2011 — have consistently held that denial of statutory leave entitlements constitutes a violation of employees' rights under Article 41 of the Constitution of Kenya 2010, which guarantees fair labour practices.
The National Social Security Fund (NSSF) contributions under the NSSF Act No. 45 of 2013 and the National Hospital Insurance Fund (NHIF) contributions under the NHIF Act Cap. 255 continue during paternity leave because the employee remains in employment. Pay As You Earn (PAYE) deductions under Section 37 of the Income Tax Act Cap. 470 also apply to the salary paid during paternity leave.
The Maternity Leave entitlement for female employees under Section 29 of the Employment Act No. 11 of 2007 is 3 months (90 days) of fully paid leave. Paternity leave at 14 days is a separate and independent entitlement. Where both parents are employed — for example, in a dual-income household — both may claim their respective leave entitlements concurrently or at different times, as neither leave is co-dependent under the Act.
The legal framework governing the Paternity Leave Notice (Kenya) in Kenya draws on several key statutes and regulatory bodies. 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). Parties executing a Paternity Leave Notice (Kenya) in Kenya should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Employment Act No. 11 of 2007 sets the foundational requirements.
When Do You Need a Paternity Leave Notice (Kenya)?
A Paternity Leave Notice in Kenya is required whenever a male employee wishes to formally claim the 14-day paid paternity leave entitlement under Section 29A of the Employment Act No. 11 of 2007 and to give his employer advance notice of his intended absence.
A Paternity Leave Notice is needed when a male employee's partner is expecting a child — whether the first or a subsequent child — and the employee wishes to be present during the birth and the initial period of child care. Section 29A of the Employment Act No. 11 of 2007 does not restrict the right to paternity leave to first-time fathers; the entitlement applies for each birth event.
A Paternity Leave Notice is required when an employee's employer does not have a formal HR system for leave applications and the employee needs a written record that the leave was requested in advance, approved, and taken as statutory paternity leave rather than annual leave or unpaid leave. A written notice protects the employee against deduction of the 14 days from their annual leave balance.
A Paternity Leave Notice is needed when a male employee's partner is admitted to hospital for childbirth or where complications arise requiring extended hospital care for the mother or the newborn. A formal notice with dates enables the employer to plan for the employee's absence and makes clear that the absence is authorised under the Employment Act No. 11 of 2007.
A Paternity Leave Notice is required when an employer disputes the employee's entitlement to paternity leave — for example, claiming the employee has not served long enough or that the employment contract does not provide for paternity leave. Section 29A of the Employment Act No. 11 of 2007 applies irrespective of any contractual exclusion, and a written notice creates a documentary record if the matter proceeds to the Employment and Labour Relations Court of Kenya.
A Paternity Leave Notice is needed when an adoptive father in Kenya seeks equivalent time off following adoption. While Section 29A of the Employment Act No. 11 of 2007 is framed in terms of birth, the Children Act No. 29 of 2022 and progressive interpretation by the Employment and Labour Relations Court suggest that adoptive parents should enjoy equivalent protection.
What to Include in Your Paternity Leave Notice (Kenya)
A Kenya Paternity Leave Notice under Section 29A of the Employment Act No. 11 of 2007 must contain the following essential elements to be complete, unambiguous, and acceptable to the employer's human resources function.
Employee Identification: The employee's full legal name, employee number or payroll number, job title, department, and the name of the employing organisation. The employee's National Identity Card (NIC) number may also be included for HR record purposes.
Employer's Details: The name and address of the employer, and the name of the HR Manager, direct supervisor, or appropriate person to whom the notice is addressed.
Statutory Basis: An explicit reference to Section 29A of the Employment Act No. 11 of 2007 (as amended by the Employment (Amendment) Act 2021) as the legal basis for the leave entitlement. Referencing the statute prevents the employer from characterising the leave as annual leave or discretionary leave.
Expected Birth or Birth Confirmation: The expected date of birth (where the notice is given in advance) or the actual date of birth (where the notice is given after the event). Where the leave is taken before birth, the employee should confirm actual birth dates to the employer upon return. The employer may request a copy of the birth certificate issued by the Births and Deaths Registration Unit under the Registration of Births and Deaths Act Cap. 149, or a hospital discharge summary, as reasonable evidence of the birth.
Leave Dates: The specific start date and end date of the 14-day paternity leave period, stated clearly. The employee should identify the Monday-to-Friday working days covered (paternity leave runs for 14 calendar days, not 14 working days, under Section 29A of the Employment Act No. 11 of 2007). The notice should confirm the date of expected return to work.
Handover Arrangements: A brief statement of arrangements for handover of the employee's duties during the paternity leave period, including the name of the colleague or replacement who will cover urgent matters. This demonstrates professionalism and supports the employer's approval.
Payment Confirmation Request: A statement that the employee expects to receive full pay — basic wage or salary — during the paternity leave period as required by Section 29A of the Employment Act No. 11 of 2007, and that the leave will not be deducted from the employee's annual leave balance under Section 28 of the Employment Act.
Signature and Date: The employee's signature and the date of the notice. A request for the employer's written acknowledgment of receipt and approval, with a space for the employer's HR signature and date, creates an agreed record of the leave and avoids later disputes before the Employment and Labour Relations Court of Kenya. The forms-legal.com Kenya Paternity Leave Notice template is structured to meet all requirements of the Employment Act No. 11 of 2007 and includes a dual-signature confirmation block for both employer and employee.
Additional compliance elements for a Paternity 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.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Paternity Leave Notice (Kenya) (Kenya) [Legal document template]. Forms Legal. https://forms-legal.com/kenya/employment/hr-forms/paternity-leave-notice-kenya
"Paternity Leave Notice (Kenya) (Kenya)." Forms Legal, 2026, https://forms-legal.com/kenya/employment/hr-forms/paternity-leave-notice-kenya.
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title = {Paternity Leave Notice (Kenya) (Kenya)},
year = {2026},
howpublished = {\url{https://forms-legal.com/kenya/employment/hr-forms/paternity-leave-notice-kenya}},
note = {Free legal document template}
}Also available for these jurisdictions:
Frequently Asked Questions
Under Section 29A of the Employment Act No. 11 of 2007, as inserted by the Employment (Amendment) Act 2021, a male employee in Kenya is entitled to 14 days of paid paternity leave following the birth of his child. The 14-day period runs as calendar days, not working days, meaning weekends and public holidays falling within the period are included. The employer must pay the employee their full basic wage or salary during the 14-day period. This entitlement applies to all male employees in Kenya regardless of their industry, employer size, seniority, or length of service. The 14 days of paternity leave are in addition to any annual leave entitlement under Section 28 of the Employment Act No. 11 of 2007 (minimum 21 working days per year for employees working 6 days a week, and 18 working days per year for those working 5 days a week), and must not be deducted from the annual leave balance. An employer who fails to grant paternity leave or who deducts the leave from annual leave commits an offence under Section 89 of the Employment Act No. 11 of 2007 and is liable to a fine.
No. Paternity leave under Section 29A of the Employment Act No. 11 of 2007 is a mandatory statutory right, and an employer cannot lawfully refuse to grant it. Any term in an employment contract, collective bargaining agreement, or company policy that excludes or reduces the 14-day paid paternity leave entitlement is void to the extent of the inconsistency with the Employment Act No. 11 of 2007 under Section 5 of the Act, which provides that the Act's minimum standards cannot be contracted out of to the employee's detriment. An employer who refuses to grant paternity leave, or who dismisses or victimises an employee for claiming paternity leave, commits an unfair labour practice under Section 45 of the Employment Act No. 11 of 2007. The employee may complain to a Labour Officer at the Directorate of Employment under Section 87 of the Act, or may file a claim directly with the Employment and Labour Relations Court of Kenya under Article 162(2)(a) of the Constitution of Kenya 2010. The court may order the employer to grant the leave, pay compensation, or reinstate the employee if dismissed.
The Employment Act No. 11 of 2007 does not explicitly specify what documentary evidence an employer may request before granting paternity leave under Section 29A. In practice, employers in Kenya commonly request a hospital birth notification, a hospital discharge summary, or a copy of the birth certificate issued by the Births and Deaths Registration Unit under the Registration of Births and Deaths Act Cap. 149. A birth must be registered within 3 months of the date of birth under Section 9 of the Registration of Births and Deaths Act Cap. 149, so a birth certificate may not be available immediately. Where the leave is taken immediately after birth, a hospital notification letter or discharge summary is generally accepted by employers as initial evidence, with the formal birth certificate provided on registration. An employer who unreasonably insists on documentary proof before granting any leave at all, in circumstances where the birth has clearly occurred, may be acting contrary to Section 29A of the Employment Act No. 11 of 2007. The Employment and Labour Relations Court of Kenya has held that the statutory entitlement is not conditional on prior documentary proof where the birth is not in doubt.
Section 29A of the Employment Act No. 11 of 2007 does not expressly address whether paternity leave may be taken in instalments or must be taken as a continuous block. The prevailing practice among Kenyan employers, as reflected in employer handbooks and guidance from the Ministry of Labour and Social Protection, is to treat paternity leave as a continuous 14-calendar-day entitlement taken at or around the time of the child's birth. However, where both the employer and the employee agree in writing, there is no legal prohibition on splitting the 14 days into two or more periods — for example, 7 days at birth and 7 days during a subsequent medical or childcare need. An employee who wishes to take leave in instalments should make this request clearly in the Paternity Leave Notice and obtain the employer's written consent. Without written agreement, the employee should not assume that a split arrangement is approved. Individual employer policies that are more generous than Section 29A — for example, allowing 21 days or permitting instalment arrangements — are lawful under Section 5 of the Employment Act No. 11 of 2007, which permits terms more favourable to employees than the Act's minimum.
Paternity leave and annual leave are two distinct and independent leave entitlements under the Employment Act No. 11 of 2007 in Kenya. Annual leave under Section 28 of the Act is an entitlement to paid rest leave accruing at a minimum of 1.75 working days per month of service (21 working days per year for a 6-day work week, 18 working days for a 5-day work week). Annual leave is intended for rest and recreation and may generally be taken at any time agreed between the employer and employee. Paternity leave under Section 29A of the Employment Act No. 11 of 2007 is a specific 14-calendar-day entitlement triggered by the birth of the employee's child and is paid at the employee's full basic wage. Paternity leave cannot be added to annual leave or counted against the annual leave balance. An employer who assigns paternity leave to an employee's annual leave account commits an offence under Section 89 of the Employment Act No. 11 of 2007. In contrast to annual leave, which may be deferred by agreement, paternity leave is typically taken at or around the time of birth. Unused paternity leave does not carry over to subsequent years and does not entitle the employee to a cash equivalent at the end of employment.
Paternity leave under Section 29A of the Employment Act No. 11 of 2007 applies only to persons who are employees as defined under Section 2 of the Act — persons employed by another person under a contract of service for wages or a salary. Self-employed individuals, independent contractors, consultants, and sole traders are not employees under the Employment Act No. 11 of 2007 and therefore do not have a statutory right to 14 days of paid paternity leave under Section 29A. Self-employed persons in Kenya who are members of a National Hospital Insurance Fund (NHIF) scheme may access maternity and childcare benefits where these are available under specific NHIF products, but there is no equivalent statutory paternity pay scheme for the self-employed. Partners and directors in partnerships and limited liability companies who are also employed by the business under a formal contract of service are entitled to the Employment Act's paternity leave protections. However, sole director-shareholders of private limited companies in Kenya typically do not benefit from the statutory scheme in practice, as the Employment and Labour Relations Court distinguishes between genuine employment relationships and those that are merely formal arrangements between a director and their own company.
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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