What the law says on annual leave days in Kenya.
In approximately 3 weeks time, it will be end year and most employees are already planning on holidays and such. Some of the employees have accumulated their annual leave days deliberately so as to use them for the holidays; others just didn’t take the leave days with no particular reason. So as an employer, how do you go about handling annual leave issue come December or next year?
Read All about Annual Leave days in Kenya and how to handle them as an employer
Related Article: Leave Days In Kenya. A Look Into Kenya Labour Laws
What are annual leave days?
Under section 28 of the Employment Act, annual leave is the 21 working days during which the employee is entitled to full pay, also this is after every 12 consecutive months of service with an employer.
Is it a must for an employee to take the 21 annual leave days at once?
No, it’s not a must for the employee to take all the days at once. Annual leave can be taken in proportion, although the law allows that one part of the agreed period consist of at least two uninterrupted working weeks.
Does the leave days this include any other holiday?
No, Annual leave is exclusive of public holidays and any other days that might be declared a holiday for example national prayers day. In cases where an employees work on holiday, they are compensated double so if for example one earns Kshs2000 per day they get paid Kshs4000.
What is the maximum number of Annual leave days in Kenya?
Generally the Kenyan law stipulates a minimum of 21 working days for annual leave. Others agreements provide for annual leave of between thirty to forty-five days. In average Kenyan employees enjoy annual leave of 24 days.
Who is entitled to annual leave days in Kenya?
If any employee has worked for the same employer for 12 consecutive months he/she is entitled to annual leave. This also means that if he/she is employed on temporary basis but have worked for 12 consecutive months they are entitled to annual leave. Where the employee works for less than a year, the number of days will be reduced accordingly.
Does and employee get paid during the time they are on annual leave?
Yes, an employee who proceeds on annual leave is entitled to payment by his employer.
What happens if an employee accumulates their annual leave days?
The employer can decide to carry the leave days forward or compensate the employee.
Are casual employees entitled to annual leave days?
A casual employee refers to an individual whose terms of engagement provide for their payment at the end of each day and who is not engaged for a longer period than twenty four hours a day. If one employs casual staff members who continue to work for six consecutive days, the employees will be entitled to a rest on the seventh day as though they were a permanent employee.
When it comes to annual leave days in Kenya, employers should be responsible for to making sure that employees go on leave depending on the work load.
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