PAID OR UNPAID LEAVE ON ACCOUNT OF #COVID19
Courts have previously held that all leaves under Kenya’s employment Act are paid leaves and the Act does not contemplate a situation where an employer sends his/her employees on unpaid leave. However, nothing
Courts have previously held that all leaves under Kenya’s employment Act are paid leaves and the Act does not contemplate a situation where an employer sends his/her employees on unpaid leave. However, nothing
stops an employer from entering an agreement with their employees to proceed on unpaid leave. There is a policy response by the Ministry of Labour on the #COVID-19 situation and it, recommends the sending of workers on annual leave and unpaid leave as stop-gap measures, creation
of mechanisms that allow workers to work from home and working in shifts and leveraging on the use of technology. The Ministry of Labour has also directed workers, employers and their representatives engage in discussions on the possible temporary review of salaries and wages.
Importantly, the Ministry further clarified that unpaid leave will only be taken based on mutual agreement between the employer and the employee. Hence, employers must desist from unilateral decision to push employees to go on unpaid leave.
Way forward:
When considering sending employees on forced leave, whether paid or unpaid, you need to have the employees’ consent. Whether the employees are members of a union, you need to negotiate through the recognized union.
When considering sending employees on forced leave, whether paid or unpaid, you need to have the employees’ consent. Whether the employees are members of a union, you need to negotiate through the recognized union.
