Can Your Boss Fire You for Being Pregnant? Understanding Maternity Rights in Kenya

Pregnancy is a beautiful journey that should never cost a woman her livelihood. Yet across Kenya, many working women develop anxiety when they find out they are pregnant and have to share that news with their employer. Reason being, they are not sure if they will be supported or silently replaced.

Kenyan law is clear that maternity is protected. But between what the law says and what happens in offices and other work places, there is often a gap. Maternity leave and workplace rights in Kenya entails more than just knowing the number of days one is entitled to. It is about dignity, job security, health and economic survival.

The foundation of maternity protection in Kenya lies in the Employment Act. Under Section 29 of the Act, a female employee is entitled to three months (90 days) of paid maternity leave with full pay. This leave does not replace annual leave. It is separate, and a woman continues to accrue her regular leave days.

The law also requires that an employee give at least seven days’ written notice before proceeding on maternity leave, unless circumstances make that impossible. In practice, most women provide medical confirmation and agree with their employers on a start date.

Just as importantly, the Act protects a woman’s job. An employer cannot dismiss or penalise an employee because she is pregnant or because she has taken maternity leave. Upon return, she is entitled to resume her previous position or a reasonably suitable alternative role with terms that are no less favourable.

These protections are reinforced by the Constitution of Kenya, which guarantees equality and freedom from discrimination. Pregnancy discrimination is unlawful.

Beyond Mothers: Parental Leave in Kenya

Kenya’s labour law also recognises fathers. Did you know that male employees are entitled to two weeks of paid paternity leave? This acknowledges that caregiving is not solely a woman’s responsibility.

While the law sets minimum standards, some private companies now offer extended maternity leave and flexible return arrangements. Some even go further to offer remote work options. However, these remain employer specific benefits rather than universal entitlements.

On paper, Kenya’s maternity protections are relatively strong but the truth is that in reality, enforcement varies widely.

Women in the formal sector (particularly in corporate or public service roles) are more likely to access full maternity benefits. But those in informal employment, casual labour, domestic work, or short term contracts often face uncertainty with some being pressured to resign. Others experience delayed pay. A few return to find their roles quietly restructured.

Even where dismissal does not occur, subtle discrimination can take root. A woman may be overlooked for promotion because she is perceived as less available or return to a heavier workload without accommodation for breastfeeding or medical appointments.

Even though the law prohibits outright dismissal, workplace culture can still make pregnancy feel like a liability rather than a natural part of life.

Health, Safety and Workplace Adjustments

Employers also have a general duty under labour and occupational safety laws to provide a safe working environment. For pregnant employees, this can mean adjusting duties if the work poses health risks.

In some sectors such as manufacturing, agriculture or physically demanding service jobs, this becomes particularly important. Reasonable adjustments are not favours but part of responsible employment practice.

Globally, conversations around workplace inclusion increasingly include breastfeeding spaces, flexible hours and phased return to work programs. In Kenya, such practices are growing but are not yet standard across all industries.

When Rights Are Violated

If an employer refuses maternity leave, withholds pay or dismisses an employee because of pregnancy, the affected worker has options.

She may report the matter to the Labour Office. In more serious disputes, cases can be filed before the Employment and Labour Relations Court. Civil society organisations and labour rights advocates also provide support and guidance.

However, many women hesitate to pursue formal complaints due to fear of blacklisting or lengthy legal processes. This is why awareness is powerful. The more employees understand their rights, the harder it becomes for employers to ignore them.

Maternity leave is a public health issue, an economic issue and a gender equality issue. The moment we start viewing it as a universal right for everyone and not as a favor being dished out, the better for all involved. Paid leave supports maternal recovery after childbirth and allows bonding between mother and child. It reduces financial stress during a critical life transition. And importantly, it ensures that women do not have to choose between career and motherhood.

Countries that protect parental leave tend to see stronger workforce retention, healthier families and ultimately more stable economies.

A Culture Shift Still Needed

Kenya’s legal framework recognizes maternity as a right, not a privilege. Yet much more still needs to be done because law alone cannot shift attitudes. Employers must move beyond minimum compliance toward genuine support. Colleagues must shed stereotypes that frame motherhood as diminished commitment. Policymakers must strengthen enforcement mechanisms.

Pregnancy is not a disruption of productivity. It is part of the continuity of society itself.

For working women across Kenya, knowing the law is the first layer of protection. But true workplace equality will only emerge when maternity is treated not as an inconvenience to manage, but as a shared social responsibility to support.