Sick Leave in Kenya: Employment Act Entitlements for Employers

Kenya’s sick leave law provides employees with 7 days of paid sick leave per year under the Employment Act, 2007. The employer pays full wages during this period, and the National Hospital Insurance Fund (NHIF) covers medical treatment costs. The system is governed by the Employment Act and the NHIF Act.

Key Takeaways

• Employees are entitled to 7 days of paid sick leave per year at full wages
• The employer pays 100% of wages during the sick leave period
• A medical certificate from a registered medical practitioner is required from day 2
• NHIF covers medical treatment costs during sick leave
• Sick leave is separate from annual leave — it does not reduce the leave balance

Kenya’s Sick Leave Entitlement

Kenya’s sick leave system is governed by the Employment Act, 2007 (Section 30). Every employee is entitled to sick leave of not less than 7 days in each twelve-month period with full pay, and thereafter sick leave of not less than 7 days in each subsequent twelve-month period with half pay.

The entitlement is the same regardless of length of service. Sick leave is separate from annual leave — taking sick leave does not reduce the employee’s annual leave entitlement.

Who Pays for Sick Leave?

Period	Pay Rate	Who Pays
Days 1–7 (per year)	100% of wages	Employer
Days 8–14 (per year)	50% of wages	Employer
NHIF coverage	Medical treatment	NHIF

Sick Leave Pay Rates

Period	Pay Rate	Source
Days 1–7 (per year)	100% of wages	Employment Act Section 30
Days 8–14 (per year)	50% of wages	Employment Act Section 30
NHIF coverage	Medical treatment costs	NHIF Act

The Employment Act provides a minimum entitlement of 7 days at full pay and 7 days at half pay per year. Many employers and collective agreements provide more generous terms.

Medical Certificate Requirements

Kenya requires a medical certificate from a registered medical practitioner from the second day of illness. For the first day, the employee may self-certify.

The certificate must specify:

• The date of examination
• The expected duration of the absence
• The diagnosis

The employee must present the certificate to the employer. NHIF claims require a certificate from an NHIF-designated facility.

How to Calculate Sick Pay in Kenya

Example: An employee earning KES 100,000/month is off sick for 12 working days.

1. Days 1–7 (full pay): KES 100,000
2. Days 8–12 (half pay): KES 100,000 ÷ 2 ÷ 30 × 5 = KES 8,333

Total paid: KES 100,000 + KES 8,333 = KES 108,333

The employee uses 12 days of their annual sick leave entitlement.

Employer Obligations and Penalties

Kenyan employers must:

• Pay sick leave as prescribed by the Employment Act
• Register employees with NHIF
• Maintain medical certificates on file
• Provide payslips showing sick leave details
• Maintain records for at least 3 years

Non-compliance can result in fines from the Ministry of Labour and potential labour court proceedings.

Comparison With Other Countries

Country	Sick Days	Pay	Certificate Required
Kenya	7 days full + 7 days half	100% / 50%	Day 2
UK	28 weeks SSP	£116.75/week	Day 7
Australia	10 days personal/carer’s leave	Full rate	2+ consecutive days
US	Varies by state	Varies	Employer policy

FAQ

What is the difference between the first 7 days and the second 7 days?

The first 7 days of sick leave per year are paid at 100% of wages. The second 7 days are paid at 50% of wages. This two-tier structure is set by the Employment Act, 2007.

Can the employer require a medical certificate from day 1?

The Employment Act requires a medical certificate from the second day of illness. For the first day, the employee may self-certify. However, some employers require a certificate from day 1 as a company policy — this is permissible as long as it does not unreasonably deny legitimate sick leave.

Does NHIF cover wages during sick leave?

No. NHIF covers medical treatment costs (doctor visits, hospital stays, medication, etc.) but not wages. The employer is responsible for paying wages during sick leave as prescribed by the Employment Act.