Breastfeeding illustrationWelcoming a child to the world is a life-changing experience for the parents.
Once the child is born, the parents and the child need time to bond and navigate the new surroundings.
That is where maternity and paternity leave come in.
Maternity leave is a period in which the mother of the child needs some time off from her job or workplace after childbirth.
The same goes for the father, who needs paternity leave to bond with his newborn baby.
Both moments are crucial to offer the necessary care and support the child needs to grow and adjust to their new environment while allowing the mother to recover from the birth process.
The durations for the leave can vary from several weeks to months, with some getting paid during the period while others aren’t, depending on country laws.
In Kenya, the Employment Act 2007 under section 29 stipulates that a female employee shall be entitled to three months of maternity leave with full pay.
“On expiry of a female employee’s maternity leave as provided in subsections (1) and (3), the female employee shall have the right to return to the job which she held immediately prior to her maternity leave,” the law says.
“Or to a reasonably suitable job on terms and conditions not less favorable than those which would have applied had she not been on maternity leave.”
The employees must, however provide at least a seven-day notice in writing prior to the leave or as soon as is reasonable or practicable.
Male employees, on the other hand, shall be entitled to two weeks of paternity leave with full pay.
The law protects the employees from any form of dismissal and discrimination during the period and prohibits employers from deducting or altering employees’ wages.
Both maternal or paternal leaves are excluded from the other leaves the employees would be entitled to depending on the agreements.
The Breastfeeding Bill 2024 proposes that employers provide lactation rooms and reasonable break times for breastfeeding mothers to nurse, ensuring a safe and private space for breastfeeding or expressing milk.
