Kenya Labour Law On Sick Leave.
You wake up sick and can no longer work. You may need some time off from work so as to be able to seek medical attention you urgently need.
If you are stuck in a situation like this, this is what you need to know as far as your rights as an employee is concerned.
Are Employees Entitled To Sick Leave?
According to section 30 of the employment act 2007, an employee shall be entitled to sick leave of not less than 7 days with full pay.
Who Is Qualified To Paid Sick Leave?
For one to qualify for paid sick leave, he or she must have proof from a medical practitioner that he is unfit to work. The minimum period of entitlement is seven days with full pay and seven days with half-pay for every twelve months. This is only possible subject to production of a certificate of incapacity to work duly signed by qualified medical practitioner.
However, this is only possible after 2 months of service to an employer and such an employee should be an under a contract of employment.
This is fully explained in section 30 of the employment act 2007,
After two consecutive months of service with his employer, an employee shall be entitled to sick leave of not less than seven days with full pay and thereafter to sick leave of seven days with half pay, in each period of twelve consecutive months of service, subject to production by the employee of a certificate of incapacity to work signed by a duly qualified medical practitioner or a person acting on the practitioner’s behalf in charge of a dispensary or medical aid centre
Medical Care During Sick Leave Days
In accordance with the Employment Act section 34, an employer has to ensure sufficient availability of proper medicines for a worker during illness and, if possible, medical attendance should also be provided during serious illness.
The workers covered under the National Hospital Insurance Fund Act are entitled to medical benefits in the case of hospitalization and these include general medical care, specialist care, medicine, hospitalization, and transportation.
Job Security During Sick Leave Days
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 because such a dismissal would be unfair.
The Act dictates that as long as the employee follows the required procedure, he or she should not be victimized.
However, there are some instances where an employer can terminate employment of his employee while on sick leave.
The only time when this can happen is when the employee cannot resume work and is incapacitated to the extent that a medical practitioner recommends early retirement.
Also, any employee who is absent from duty must seek official permission as absence from duty without permission is actionable and could result in termination.
As an employee, there is no need to panic if you fall sick as long as you follow the right procedure.
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