Paternity Leave Rights for Unmarried Fathers in Kenya

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Nyakundi Report

Newsroom 2 min read

Primary source Kenyan Digest archive

This archive report was first published on 9 August 2019.

Are you expecting a child with your girlfriend and wondering if you're entitled to paternity leave? The answer lies in the Employment Act, which grants 14 days of paternity leave to fathers to care for their newborn babies.

However, the Act doesn't specify whether this leave is only for formally married couples or not. Instead, it leaves it up to employers to decide whether to grant the leave based on their internal requirements.

As the father-to-be, you're entitled to this leave, but you may need to provide supporting documents to prove your relationship with your girlfriend. This could include a sworn affidavit or documents showing that you're expecting a child together.

Employers may set up criteria to prevent abuse of this policy, but the Act doesn't specify that the leave is only applicable once a year. In fact, if you have multiple girlfriends expecting within a year, you may still be entitled to the leave, but this could raise questions about your judgment and behavior.

It's worth noting that the Act needs to be more clear and specific on this leave to ensure that deserving fathers aren't left at the mercy of their employers. After all, being a father is a lifelong commitment, and there's more to think about than just paternity leave.

According to Mwikali Muthiani, Managing Partner at MillennialHR, 'If your girlfriend is employed, no questions will be asked when she applies for maternity leave. The same courtesy should be extended to the father.'

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