Annual leave, sick leave and the Occupational Safety and Health Act

By Equipo Saplic Published on 12/08/2026 Updated on 12/08/2026

Plus the disability quota that came into effect for larger employers.

For guidance only

The amounts and deadlines in this guide can change by law. Always check the update date and the official sources cited below. For a specific case, consult the labour authority or a professional.

In this guide
  1. Annual leave
  2. Sick leave and maternity
  3. Workplace safety
  4. The disability quota
  5. Discrimination
  6. The right to disconnect
  7. Non-competition clauses
  8. The HR licensing requirement
  9. Where to raise a problem

The Employment Act 2007 sets minimum standards on leave and working conditions, alongside the Occupational Safety and Health Act 2007.

Annual leave

Employees accrue paid annual leave under the Act. Accrued but untaken leave is paid out at termination as part of your terminal dues.

Keep your own record of days taken and any requests refused, since that record is what supports a claim if the payout is disputed.

Sick leave and maternity

The Act provides for sick leave subject to certification, and for maternity leave with protections around dismissal during that period.

Workplace safety

Under the Occupational Safety and Health Act 2007, employers must maintain clean, well-ventilated workplaces with proper lighting and drainage.

The disability quota

A 5% disability employment quota applies to companies with 20 or more employees.

If you have a disability and are job-hunting, larger employers have a concrete obligation here.

Discrimination

Employees are entitled to fair pay, safe working conditions, reasonable hours, and protection from discrimination or harassment.

The right to disconnect

As of 2026, you are not legally obliged to respond to work communications outside official working hours except in a defined emergency. Failure to respect that can support a constructive dismissal claim or a demand for overtime pay.

Non-competition clauses

The Employment Act does not expressly provide for them, but certain industries use them customarily. Courts have enforced such clauses and awarded employers damages for breach.

If your contract contains one, take it seriously — it is not automatically unenforceable in Kenya.

The HR licensing requirement

From 31 July 2026, all HR practitioners in Kenya, including foreign practitioners, must be registered and licensed with the Institute of Human Resource Management.

Relevant if you work in HR, or if you are dealing with someone who claims to.

Where to raise a problem

The Labour Office handles complaints. For unfair termination specifically, the deadline is 60 days.

Frequently asked questions

What happens to leave I did not take?
Accrued but untaken leave is paid out at termination as part of your terminal dues. Keep your own record of days taken and refused.
Is there a disability employment quota?
Yes, 5% for companies with 20 or more employees.
Are non-compete clauses enforceable in Kenya?
The Act does not expressly provide for them, but courts have enforced them and awarded damages for breach. Take one seriously if your contract has it.
What does the Occupational Safety and Health Act require?
Clean, well-ventilated workplaces with proper lighting and drainage, among other conditions.
Do HR practitioners need a licence?
From 31 July 2026, all HR practitioners in Kenya including foreign practitioners must be registered and licensed with the IHRM.

Sources

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