Did you know that men in Kenya are entitled to longer leave days when they adopt a child than when they sire one?
This is according to sections 29 and 29(a) of the Employment Act 2007.
Though the section is titled maternity leave, under subsection 8, it provides that a male employee shall be entitled to two weeks of paternity leave with full pay.
However, after the amendment of the Act in 2021, Section 29A was inserted which entitled employees (men) to one (1) month of pre-adoptive leave with full pay where a child is placed in the continuous care and control of the said employee, from the date of placement of the child.
In the amended Act, an employee eligible for pre-adoptive leave shall be required to:
- notify the employer in writing of the adoption society’s intention to place the child in their custody at least fourteen (14) days before the placement of the child; and
- accompany the written notice in (a) above with documentation evidencing the intention of the adoption society to place the child in their custody (including the custody agreement between the employee and the adoption society and an exit certificate).
An exit certificate is defined as a written authority given by a registered adoption society to a prospective parent to take the child from the custody of the adoptive society.
The exit Certificate serves as documentation evidencing the intention of the adoption society to place the child in the prospective adoptive parent’s custody.
It is important for an employee to communicate with the adoption society to enable him to apply for pre-adoptive leave at the right time.
Equally, recommended to maintain regular and timely communication with the adoption society to enable you to apply for pre-adoptive leave at just the right time.
That is; not too early before the adoption society is ready to place the child in your care, and not too late to hinder your employer’s approval of leave.
Once you have confirmation of a placement date from the adoption society, you can go ahead and apply for leave at least two weeks before the placement date.
On the expiry of the pre-adoptive leave, the concerned employee shall have the right to return to the job which he held immediately prior to his or her pre-adoptive leave.
Or to a reasonably suitable job on terms and conditions not less favourable than those which would have applied had he not been on pre-adoptive leave.
Pre-adoptive leave is offered to enable an employee to test their compatibility with a child they intend to adopt.
An employee should not forfeit his annual leave entitlement under section 28 of the principal Act on account of having taken pre-adoptive leave.
The effect of the Amendment is that employers will have to allow their employees adopting children to proceed on leave and it is prudent for employers to provide for pre-adoption leave in their Human Resource Policies.
Source: kENYANS.CO.KE
