Employee’s right to annual leave.

An employee has right to annual leave. Under section 28 of the Employment Act, the annual leave is the twenty-one working days during which the employee is entitled to full pay. This leave is exclusive to public holidays. When the employee has worked with the employer for 12 consecutive months, they are entitled to annual leave. An employee can accumulate leave but they must be taken within 18 months. Not doing so will force the employee to forfeit the accumulated leave. Weekends and public holidays will not be counted as part of the 21 days of leave. The 21 days only accrue on the days when the employee should be on duty. This point was canvassed in the case of Union of National Research and Allied Institute Staff of Kenya (UNRISK) v Kenya Industrial Research and Development Institute (KIRDI) [2018]
For more see: http://kenyalaw.org/caselaw/cases/view/158370/

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