Female employee’s right to maternity leave

A female employee is only entitled to maternity leave where she produces a certificate as to her medical condition from a qualified medical practitioner or a midwife. Section 29(4) of the Employment Act provides that a female employee will only be entitled to the rights of maternity leave if required by the employer, produces a certificate as to her medical condition from a qualified medical practitioner or midwife. All female employees who proceed on maternity leave have specific rights bequeathed to the for instance, they should be paid their salary in full for the period of the leave, that when she resumes work after termination, she goes back to her previous position held or a higher position amongst other rights. In Florence Wambui Gitau v Eclipse International [2019] eKLR the court opined that taking maternity leave without pay is contrary to section 43 of the Employment Act, 2007 however where an employee is allowed maternity leave, the returns for such leave is the medical certificate of the birth certificate where appropriate.http://kenyalaw.org/caselaw/cases/view/172656/

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