Kenya’s statutory sick leave entitlement is short — seven days at full pay and seven at half pay in a year — but it is a floor, not a ceiling, and in practice most Kenyan employees are entitled to considerably more. Regulation of Wages Orders, collective bargaining agreements, and contracts routinely improve on section 30 of the Employment Act, and employers who apply the bare statutory minimum are usually applying the wrong figure.

This guide covers Kenyan sick leave in 2026: the statutory minimum, the qualifying period, the certificate requirement, where WIBA takes over, and how the sectoral orders change the answer.

Key takeaways

  • Section 30 of the Employment Act 2007 gives an employee at least 7 days of sick leave at full pay and, after that, 7 days at half pay, in each period of 12 consecutive months.
  • The entitlement applies after two consecutive months of service with the employer.
  • Payment depends on the employee producing a certificate from a qualified medical practitioner or an approved hospital.
  • Regulation of Wages Orders and CBAs frequently provide more — commonly 30 days full pay and 15 days half pay in unionised sectors.
  • Work-related injury and disease are covered by the Work Injury Benefits Act (WIBA) 2007, not by sick leave.

The statutory minimum

Section 30 sets the floor:

Entitlement per 12 consecutive months Pay
First 7 days Full pay
Next 7 days Half pay

The employee must have completed two consecutive months of service with the employer before the entitlement applies. The 12-month period runs from the employee’s own service anniversary rather than the calendar year, unless the contract sets a different basis.

The section is expressed as a minimum (“shall be entitled to sick leave of not less than seven days”), so any contract, wage order, or agreement providing more prevails.

What most employees actually get

In practice the statutory floor is rarely the operative figure. Two sources routinely improve on it:

  • Regulation of Wages Orders made under the Labour Institutions Act set minimum terms for specific sectors, and several provide substantially more sick leave than section 30.
  • Collective bargaining agreements in unionised sectors — manufacturing, transport, agriculture, hospitality, banking — commonly provide 30 days at full pay followed by 15 days at half pay, and some go further.

Employers should establish which order or agreement applies before configuring anything. Applying the section 30 minimum where a CBA gives 30 and 15 is one of the most common Kenyan payroll disputes and is easy for a labour officer to establish.

The medical certificate

Section 30 conditions payment on the employee producing a certificate of incapacity to work signed by a duly qualified medical practitioner, or by a person acting on behalf of a duly qualified medical practitioner in charge of a dispensary or medical aid centre.

That definition is broader than “a doctor” and expressly contemplates certification from dispensaries and medical aid centres — important in areas where access to a registered doctor is limited. Employers requiring certification exclusively from a named private hospital are applying a stricter standard than the Act.

There is no statutory day from which the certificate becomes necessary; the requirement attaches to the paid sick leave entitlement itself. Company policy typically sets a practical threshold, often one or two days, and should be applied consistently.

Work injury: WIBA

Injury or disease arising out of and in the course of employment is not sick leave. It is covered by the Work Injury Benefits Act 2007, under which every employer must maintain an insurance policy with an approved insurer.

WIBA provides:

  • Compensation for temporary total or partial incapacity, calculated as a proportion of earnings for the period of incapacity
  • Medical expenses within the prescribed limits
  • Permanent incapacity and death benefits

Employers must report an accident to the Director of Occupational Safety and Health Services within the statutory period. Charging a workplace injury against the section 30 sick leave allowance takes days from the employee that WIBA compensation should be covering, and leaves the insurance unclaimed.

Health cover and the Social Health Authority

Kenya’s health financing framework changed substantially with the transition from the NHIF to the Social Health Authority (SHA) and the Social Health Insurance Fund from 2024. Employers deduct and remit contributions for employees under the current framework.

SHA covers medical treatment costs, not wages. It does not replace the employer’s obligation to pay sick leave under section 30 or the applicable agreement. Employers should keep the two clearly separate in their policies, since employees often assume health cover implies income cover.

Termination and long absence

Kenyan law does not set a fixed protected period for long-term illness. Where an employee’s absence extends well beyond the paid entitlement, termination is possible but must follow the Employment Act’s procedural requirements — notification of the reason, an opportunity for the employee to be heard, and the right to be accompanied.

Section 41’s procedural fairness requirements apply to termination on incapacity grounds just as they do to misconduct. Terminating for long absence without that process produces an unfair termination finding regardless of how long the absence has run, and the Employment and Labour Relations Court can award up to twelve months’ gross wages in compensation.

Employer obligations

Kenyan employers have six core duties:

  1. Grant at least 7 days full pay and 7 days half pay per 12 consecutive months after two months of service.
  2. Apply any more generous wage order, CBA, or contract term that covers the employee.
  3. Accept certificates from qualified medical practitioners and from dispensaries and medical aid centres acting on their behalf.
  4. Maintain WIBA insurance and route work injuries through it rather than through sick leave.
  5. Deduct and remit statutory health contributions under the current SHA framework.
  6. Follow section 41 procedure before terminating on incapacity grounds.

Common pitfalls

1. Treating section 30 as the whole answer

It is a minimum. Where a wage order or CBA applies, the higher entitlement governs, and 30-and-15 is common in unionised sectors.

2. Refusing dispensary certificates

The Act expressly contemplates certification from dispensaries and medical aid centres. Insisting on a named private hospital is a stricter test than the law imposes.

3. Applying the entitlement on a calendar year

The period is 12 consecutive months from the employee’s service anniversary unless the contract says otherwise. A January reset gives some employees two allowances in a service year.

4. Charging work injuries to sick leave

WIBA compensation and insurance exist for exactly this. Using section 30 days for a workplace injury shortchanges the employee twice over.

5. Terminating without the section 41 process

Long absence can justify termination, but only after notification of the reason and a genuine hearing. The procedural requirement is not waived because the reason is medical.

For more Kenyan context, see our guide to annual leave entitlement in Kenya, the overview of the main types of leave employers manage, and our guide to absence management.

Frequently asked questions

How many sick days do Kenyan employees get?

At least seven days at full pay and a further seven at half pay in each 12-month period, after two consecutive months of service. Wage orders and collective agreements often provide considerably more.

When does the entitlement start?

After the employee has completed two consecutive months of service with the employer.

Is a medical certificate required?

Yes, for paid sick leave. It must come from a duly qualified medical practitioner, or from a person acting on behalf of one in charge of a dispensary or medical aid centre.

Does the entitlement run on the calendar year?

No — it runs per 12 consecutive months of service unless the contract or applicable agreement provides otherwise.

It is handled under the Work Injury Benefits Act 2007 through the employer’s compulsory insurance, not through the section 30 sick leave allowance.

Can an employee be dismissed for long-term illness?

Only after following the Employment Act’s procedural fairness requirements, including notifying the employee of the reason and giving them a genuine opportunity to respond.

Putting it into practice

Five checks cover most Kenyan sick leave risk:

  1. Identify the wage order or CBA covering each employee group and configure entitlements to the higher of that and section 30.
  2. Anchor the 12-month period to the employee’s service date, not the calendar year.
  3. Set the two-month qualifying period so new starters are handled correctly.
  4. Create a separate WIBA absence type that does not draw down sick leave.
  5. Require the section 41 process as a gate before any incapacity-related termination.
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A leave management system that holds different sick leave entitlements per employee group, runs each employee’s own 12-month window, and separates WIBA absence from ordinary illness keeps Kenya’s layered sources of entitlement consistent across a mixed workforce.

Sources

Last updated: 26 July 2026. This article is general guidance, not legal advice. Regulation of Wages Orders and collective agreements frequently exceed the statutory minimum — confirm which applies to your workforce.