Employment (Amendment) Act, of 2021: Introduction of pre-adoptive leave
On 30 March 2021, The President of Kenya assented to an Act of parliament amending section 29 of the Employment Act, 2007, through the insertion of section 29A on pre-adoptive leave to parents who apply for adoption of children. The Act came into force on 15 April 2021.
The Amendment Act has amended section 2 of the Employment Act by inserting the definition of an “exit certificate”. An exit certificate is defined as a written authority given by a registered adoption society to a prospective adoptive parent to take the child from the custody of the adoptive society.
An employee shall now be entitled to one (1) month pre-adoptive leave with full pay where a child is placed in the continuous care and control of the said employee, from the date of placement of the child.
An employee eligible for pre-adoptive leave shall me required to do the following: –
- Give the employer fourteen (14) days written notice of the adoption society’s intention to place the child in his or her custody before the child is placed in their care;
- Such notice to the employer is to be accompanied by documentation evidencing such process.
The Act provides that an employee who proceeds on pre-adoptive leave has the right upon expiry of the employee’s one (1) month pre-adoptive leave, to return to the job which he/she held immediately prior to the pre-adoptive leave or to a reasonably suitable job with terms and conditions not less favourable than those which would have applied had the employee not been on pre-adoptive leave.
Both male and female employees are eligible for pre-adoptive leave of one month.
The amendment further provides that an employee eligible to pre-adoptive leave shall not forfeit their annual leave entitlement as a result of having taken pre-adoptive leave.
The Employment (Amendment) Act, 2021 is aimed at aligning Kenya’s employment laws with international best practice. It has introduced a pre-adoptive leave entitlement for employees, which is a welcome move and puts Kenya on a progressive path with respect to its employment laws.
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