Paternity Leave in Kenya: Two Weeks, Full Pay and How to Apply

If you are preparing for a child’s arrival or have just become a father, you may be looking for clear answers about paternity leave in Kenya: how much time you can take, what evidence to provide and what to do if a request is questioned. The main rules are in the Employment Act and the Employment (General) Rules, 2014. This guide explains what those texts say—and where they leave details open.

Who qualifies for paternity leave in Kenya?

The entitlement is stated in section 29(8) of the Employment Act, 2007. Section 2 defines an employee as a person employed for wages or salary, and includes an apprentice and an indentured learner. The leave provision itself uses the words “male employee.”

The provision does not state a minimum length of service or expressly make marriage a condition. It also does not set out a detailed test for every possible family or employment arrangement. If your status or circumstances are disputed, keep evidence of the employment relationship and seek advice on how the law applies to your facts.

How long is paternity leave, and is it paid?

Section 29(8) uses the phrase “two weeks” and “full pay.” It does not say whether the period is counted as calendar days or working days. Avoid assuming that a particular day-count applies: check your contract, applicable CBA or employer policy, and ask your employer to confirm the proposed dates in writing.

Rule 11(3) says paternity leave must not exceed an aggregate of two weeks “in any one year.” The Rule does not define that year as a calendar year, nor does it expressly explain how the limit applies to multiple births or other unusual circumstances. Your contract, CBA or policy may offer more favourable terms, so check the wording that applies to you.

How do I apply for paternity leave?

Rule 11(2) does not prescribe one specific document; it says “sufficient evidence of the birth.” Ask your employer what documentation it accepts. Keep a copy of the evidence and the application. The Rule does not itself specify a notice period or say that a birth certificate is the only acceptable evidence.

A practical written request can include:

• Your name, role and the date of the request.
• The date of birth and proposed leave dates.
• A reference to section 29(8) and Rule 11.
• The evidence of birth you are submitting.
• A request for written confirmation of the scheduled dates and pay treatment.

If the child has not yet been born, you can tell your employer about the expected timing and ask about its process. The application under Rule 11(2) must include sufficient evidence of the birth; confirm with your employer how to complete the process once that evidence is available.

Can paternity leave be split or taken later?

The Rule does not say paternity leave must always be taken continuously. It allows it to be taken “at once” or in a manner and on dates convenient to the employer and employee. Discuss the schedule together and record the agreed dates in writing. The text does not set a fixed period after birth within which all leave must be taken.

Does the right apply to casual or contract workers?

Section 2 of the Employment Act includes a person employed for wages or salary, an apprentice and an indentured learner within its definition of employee. The Act also separately defines “casual employee.” A label in a contract or a description such as “temporary” does not, by itself, settle every question about employment status.

If you are told that you cannot apply because you are casual, fixed-term or on probation, ask for the reason in writing and keep your contract, payslips and work-related communications. Get advice about your specific status rather than relying only on the label used by the employer.

Is paternity leave separate from annual leave?

Paternity leave appears in section 29; annual leave is addressed separately in section 28. Keep your leave balance records and written approval. If an employer deducts paternity leave from annual leave, ask which contract or policy term is being relied on and seek advice before agreeing that the entitlement has been used up.

What leave applies when a child is adopted?

Pre-adoptive leave is distinct from paternity leave. Under section 29A, an employee is entitled to one month of pre-adoptive leave with full pay from the date of placement, where the statutory conditions apply. The employee must notify the employer in writing at least 14 days before placement and provide the specified supporting documents, including a custody agreement and exit certificate.

Read the full wording of section 29A in the Employment (Amendment) Act, 2021 and check the current Employment Act. If you are planning an adoption placement, get advice early about the notice and documents required.

What can I do if paternity leave is refused?

1. Keep the application trail. Save the request, evidence submitted, delivery confirmation and any response.
2. Ask for clarification. Request the reason for a refusal, delay or proposed deduction, and the relevant contract or policy clause.
3. Use an appropriate escalation route. You may raise the matter internally, seek guidance from a labour officer or obtain advice from an employment advocate.
4. Do not assume deadlines. Legal time limits may apply to employment claims. Get advice promptly about the correct route and timing for your situation.

For broader workplace topics, see our employment-law guide on working hours and overtime.

What did the 2023 paternity-leave case decide?

In Benjamin v Ministry of Labour & 5 others; Senate (Interested Party), Petition E001 of 2022, [2023] KEELRC 1439 (KLR), judgment dated 31 May 2023, the petitioner challenged the difference between maternity and paternity leave. At paragraphs 50–51, the court concluded that section 29 did not offend Article 27 and dismissed the petition without orders as to costs.

The judgment addresses the constitutional challenge before the court. It does not decide every practical question about eligibility, leave scheduling or an individual employee’s circumstances. Read the full judgment on Kenya Law before relying on it in a dispute.