Some help here, please. An employee who was due to deliver this month gave birth two weeks ago and the baby died. Is she entitled to full maternity leave, some months off or compassionate leave? The company HR policies are not elaborate on this. #HRPolicy #Maternity
Food for thought.
The law is Silent on this, I will advise you allow her decide when to resume within the 3Months Maternity leave days that she had been granted.
If she wants to stay back the whole 3 months well and good, If she will only require one month of it and after that she will be fit to resume then fine as well. Give her the liberty to decide within the time frames granted. It is always important for us HRPs to view employees as Humans first then resources next.
Accord her 3 months but if it was a stillbirth, employment law gives only 1 month.
Any reference in terms of the Act?
Although not asserted yet, the draft amendment section 29 of No. 11 of 2007 . Section 29 of the principal act
We are getting there anyway.
The law is silent on this, but it leaves it open for individual employers to decide or to apply own policies, if you have any. Whatever decision you make, there has to be an emotional aspect to it because here’s a colleague who has been expectant for nine months and the baby just died immediately after birth. That’s a difficult moment for them as a family. My thinking would be the lady applied for maternity leave and it was granted, so the proper procedure was followed and the leave was granted. It becomes complicated to try to recall her on the basis of the fact that since her baby is lost, the purpose for which maternity leave had been granted no longer exists. An alternative would be to negotiate with the affected employee and due respect should be given to their wishes in this scenario. It is one of those situations where an organization needs to exercise compassion even if you have a policy in place. In fact, some find it very difficult to stay at home after such an experience and would volunteer to return to work and forego the rest of the maternity. The law does not give direction on the matter, it is upon every org to provide for such a situation.
QUESTION OF THE DAY What has been your experience of Parental leave? Please do share your good, bad and or ugly experiences. KENYAN LAW According to section 29 of the Constitution of Kenya, female workers are entitled to fully paid three months’ maternity leave. Additionally, maternity leave does not take away the employee s entitlement to annual leave under section 28. Section 5(3) (a) of the constitution protects female employees from harassment and discrimination by the employee on the basis of being pregnant. The law also entitles a male employee to a two weeks paternity leaves with full pay. While many employees in private and government institutions get maternity benefits from their employers, a huge percentage of women especially in the informal sector do not enjoy these benefits as required by the constitution. Lastly, as an employee, get information about your rights to maternity leave and your employer s policies regarding the same. #ParentalLeave