In Kenya, employees are entitled to 21 working days of paid annual leave after 12 months of continuous service under the Employment Act 2007. Leave accrues pro-rata during the first year of employment.

Statutory entitlement

21 working days of paid annual leave after 12 months of continuous service. Pro-rated leave during the first year of employment.

Eligibility

Employees must have worked continuously for at least 12 months to be entitled to the full 21 days. Pro-rated leave accrues during the first year.

Employer obligations

  • Grant 21 working days of paid annual leave after 12 months of service.
  • Pro-rate annual leave for employees with less than 12 months of service.
  • Pay the employee's full wages during annual leave.
  • Pay for unused annual leave on termination of employment.

Employee rights

  • Right to 21 working days of annual leave after 12 months of service.
  • Right to pro-rated leave during the first year.
  • Right to be paid at full wages during annual leave.
  • Right to paid leave payout on termination.

Common pitfalls

  • Not pro-rating leave in the first year — the Act provides for pro-rated leave.
  • Not paying for unused leave on termination — this is a statutory requirement.

How annual leave accrues

Annual leave accrues pro-rata during the first year of employment at the rate of 1.75 days per month (21 days / 12 months). After 12 months, the employee is entitled to the full 21 working days.

Annual leave pay

Annual leave pay is based on the employee's full wages during the leave period.

Frequently asked questions

Can annual leave be carried forward?

Unused annual leave can be carried forward by mutual agreement between the employer and employee.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.