Did You Know? Employers Must Pay for Unused Leave Days When You Resign
All employees in Kenya are entitled to annual leave — but what happens if you resign before using it? According to Kenyan labour laws, your employer is legally required to compensate you for any unused leave days accrued before your resignation.
Lawyer Wanjiku Waithera explains that the law safeguards employees’ rights to fair compensation even after they leave a company. “Whether you are terminated or choose to resign, your employer must pay you for all pending leave days,” she said.
Under Section 28 of Kenya’s Employment Act, every worker who has completed 12 consecutive months of service is entitled to a minimum of 21 paid leave days. If these days are not taken within 18 consecutive months, the employer must pay the employee in lieu of leave.
This provision ensures that employees are not denied their rightful benefits simply because they leave a job before taking time off.
Types of Work Leave Under Kenyan Law
Kenyan employees are entitled to various forms of leave, each designed to protect their welfare and work-life balance. These include:
- Annual Leave: At least 21 paid working days per year after 12 months of service.
- Maternity Leave: Under Section 29, female employees are entitled to three months of fully paid leave. Employers cannot dismiss women for being pregnant, and they must be reinstated to the same or an equivalent position after leave.
- Paternity Leave: Male employees are entitled to 14 days of paid leave when their spouse gives birth.
- Sick Leave: Employees who have worked for at least two months qualify for seven days of paid sick leave, provided they notify the employer and present a medical report.
- Pre-Adoptive Leave: Workers adopting a child are entitled to 30 days of leave, starting up to 14 days before the child is placed in their custody.
Other types of leave such as study leave and compassionate leave depend on company policy. Compulsory leave may also be issued by an employer during internal investigations or administrative reviews.
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Did You Know? Employers Must Pay for Unused Leave Days When You Resign