Sick leave is a fundamental aspect of employment that ensures employees can take time off work when they are ill without risking their job security or financial stability. In Kenya, like many other countries, sick leave is governed by employment and labour laws to protect the rights of both employers and employees. Understanding these laws is crucial for employers to create fair and compliant policies and for employees to know their entitlements and rights.
If you are worried about losing your job while on sick leave you need not to;
This is because according to the Employment Act 2007 section 46, an employer may not dismiss a worker during his/her period of sick leave, pregnancy or disability. After all, such a dismissal would be unfair.
Legal Framework
In Kenya, sick leave entitlements are primarily outlined in the Employment Act, 2007, which governs various aspects of the employment relationship. The Act stipulates that every employee is entitled to sick leave. However, the specific provisions may vary depending on the terms of the employment contract, collective bargaining agreements, or company policies.
Sick Leave Entitlement
Regulations of wages (General Order) states that; “After two months’ continuous service with an employer, an employee shall be entitled to a maximum of thirty days’ sick leave with full pay and thereafter to a maximum of fifteen days sick leave with half pay in each period of twelve months’ consecutive service”.
Furthermore, some employers may offer more generous sick leave benefits than those stipulated by law. Employees need to familiarize themselves with their employment contracts or company policies to understand their specific entitlements.
Procedure for getting sick leave
Employers can request medical evidence to verify an employee’s need for sick leave, especially if the absence exceeds the allocated paid sick leave days. This evidence usually comes as a medical certificate from a qualified medical practitioner. The certificate should state the nature of the illness, the expected duration of the absence, and any other relevant details.
Employees must provide genuine and accurate medical evidence to avoid disciplinary action or employer disputes. Failure to provide adequate proof of illness may result in the absence being treated as unauthorised leave, which could lead to disciplinary measures.
Employer Responsibilities
Employers have a duty of care towards their employees, which includes ensuring a safe and healthy working environment. This extends to providing adequate sick leave provisions and not discriminating against employees for exercising their right to sick leave.
Employers should also have clear policies regarding sick leave, including procedures for requesting and reporting sick leave, as well as the documentation required. These policies should be communicated to all employees to ensure transparency and consistency in their application.