This archive report was first published on 2 August 2019.
Published on August 2, 2019, a concerned employee reached out to Nyakundi Report, seeking advice on whether their employer was right in deducting their salary for missing work.
According to the employee, they had fallen ill and were unable to go to work, and later had to leave work to rush their daughter to the hospital. Despite providing a genuine reason for their absence, they received a warning letter stating that they would only be paid for the number of hours they were present at work.
The Employment Act 2007 provides a clear framework for sick leave, allowing employees to take seven days' paid sick leave and a further seven days of half-pay per year, subject to a medical certificate. However, not all employers are as generous, and some may only follow the law.
So, what can you do if your employer is deducting your salary for missing work? First, check your company's sick leave policy to see if it aligns with the Employment Act. If it doesn't, you can argue your case from the provisions that guide absenteeism at work.
It's also essential to provide a doctor's report as proof of your illness, and to compensate for the lost time by focusing on key priorities when you return to work. If possible, try to work from home or ask a colleague to follow up in your absence.
As Mwikali Muthiani, Managing Partner at MillennialHR, notes, 'Any employer who effects deductions on your salary because you lost office time attending to your sick child is not worth working for.'
