Sick Leave in Kenya: How Many Days You Get and How to Qualify

If you are ill and wondering how sick leave works in Kenya, the rules are short but strict. This guide covers the days you get, what you must do to qualify, what your employer should do and what can happen if the conditions are missed. I’m Ashley Karimi Chege, an Advocate of the High Court of Kenya. It follows Episode 1 of Employment Law Unlocked; watch the Episode 1 video on YouTube.

How many days of sick leave do I get in Kenya?

Section 30(1) of the Employment Act gives this entitlement in each period of 12 consecutive months of service, once you have served two consecutive months. The 12 months run from your start date and each anniversary of it, and an employer may set a common annual cycle for all staff.

Full pay means wages at your basic rate, without deductions. Whether allowances are added depends on your contract. Some wage orders, collective bargaining agreements (CBAs, deals between unions and employers) and contracts give more than the statutory minimum, so check your contract and any CBA first.

What do I need to qualify for sick leave?

1. Two consecutive months of service. Before that, the statutory sick leave does not apply.
2. Notify your employer as soon as is reasonably practicable. Section 30(2) says you must tell them, or have someone tell them, that you are absent and why. What counts as reasonable depends on the situation. Your employer may ask follow-up questions, such as when to expect you back.
3. A certificate of incapacity. It must be signed by a duly qualified medical practitioner, or a person acting on their behalf who is in charge of a dispensary or medical aid centre.

In practice, a good certificate is addressed to your employer, names the illness only as far as needed so your private medical details stay private, and covers the whole period you are off. The Act does not set a prescribed form, so check whether your contract or HR policy asks for more.

What must my employer do when I am sick?

In Gichuru v Package Insurance Brokers Ltd [2021] KESC 12, the Supreme Court said employers should accommodate a sick or disabled employee unless that would cause undue hardship. If you are injured at work, other cover may apply; see our guide to medical cover and sick leave. If your illness lasts beyond your leave, read termination on medical grounds in Kenya.

Can my employer dismiss me if I do not meet the conditions?

An employer may treat absence without the required notice or certificate as absenteeism, which can be a ground for dismissal under section 44. Even then, a fair process generally involves:

1. A notice to show cause, served in a way that can be proved
2. A chance to respond
3. A hearing, where you may bring a colleague or a union representative
4. A decision, usually with a chance to appeal
5. A termination letter stating the reasons
6. Payment of terminal dues and a certificate of service

The explanation, hearing and companion rules come from section 41. The show-cause letter and internal appeal are common HR practice rather than wording found in that section.

What happened in the Hellen Mwende Paul case?

In Hellen Mwende Paul v Lina Kantaria t/a Commercial Registrars [2025] KEELRC 867, the employee told her employer on WhatsApp that she was unwell. The employer asked for a doctor’s note and she agreed, but she returned days later and was told she had been dismissed. Her medical papers showed treatment on only one day and did not cover her whole absence, and her contract required proof of incapacity.

The court said ordinary treatment notes are not the same as a certificate showing you are unfit to work. It also found no proof that the show-cause letter was served and no formal termination letter, and awarded notice pay, unpaid salary and service pay. A summary by CM Advocates explains the decision.

Lesson for employees: send proof that covers every day you are off. Lesson for everyone: a fair reason does not cure an unfair process.

What should I do when I fall sick?

1. Tell your employer the same day, by a message or email you can prove, saying you are unwell and when you expect to return.
2. See a doctor and ask for a certificate of incapacity covering the whole period.
3. Send it promptly and keep a copy and proof of sending.
4. Reply to any show-cause letter within the time it gives, in writing.
5. If you are dismissed, ask for your reasons and terminal dues in writing and get timely legal advice. Section 90 generally sets a three-year limit for employment claims, but facts can change that.

What warning signs should I watch for?

• You are told to “just come back” without a certificate, then dismissed for absence.
• You are dismissed verbally, with no letter.
• A show-cause letter appears that you never received.
• You are told sick leave is “not allowed” in your first year, although you have served two months.
• Your sick days are deducted from your annual leave.

What evidence should I keep?

• □Your contract and any CBA or HR policy on sick leave
• □Messages or emails telling your employer you were unwell
• □Every certificate of incapacity and treatment note
• □Any show-cause letter, with proof of when you received it
• □Payslips showing sick pay
• □Your termination letter and final dues

Frequently asked questions

Related: annual leave in Kenya.

Official sources

• Kenya Law: Employment Act, 2007
• Kenya Law: Gichuru v Package Insurance Brokers Ltd [2021] KESC 12
• CM Advocates: summary of Hellen Mwende Paul v Lina Kantaria t/a Commercial Registrars [2025] KEELRC 867
• Employment Law Unlocked, Episode 1 (YouTube)

This article is general information, not legal advice. Your situation may differ. For advice on your own case, speak to a qualified advocate or your county labour office.