Employer’s right to be notified when an employee is proceeding on sick leave.

An employer has a right to be notified as soon as possible when an employee is proceeding on sick leave. Section 30(2) of the Employment Act provides that an employee will only be entitled to sick leave if he causes the employer to be notified as soon as reasonably possible. In Anthony Thuo Kanai v Cannon Assurance Limited [2018] eKLR it was the court’s finding that from the evidence the Claimant proceeded on leave without approval and thus was guilty of absenteeism. He was also asked to hand over to his supervisor before proceeding on leave and he failed to do so which is insubordination. It was held that the Respondent had valid reasons in dismissing the Claimants from its services. http://kenyalaw.org/caselaw/cases/view/161434/

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