Kenya’s maternity leave could go from 90 days to six months

By  Kamau Maichuhie

Gender Reporter

Nation Media Group

What you need to know:

• A fresh parliamentary push to extend Kenya’s fully paid maternity leave from three to six months has reignited a decade-long debate over maternal health, breastfeeding and employer costs.
• Nominated MP Dorothy Muthoni wants Kenya to double statutory maternity leave to six months, arguing longer leave would support maternal recovery, exclusive breastfeeding and infant development.

Kenyan mothers currently get three months of fully paid maternity leave after childbirth. A new push in Parliament wants to double that to six months, reigniting a debate that has run for nearly a decade without resolution.

Nominated MP Dorothy Muthoni has petitioned Parliament to revisit the country's labour laws and raise statutory maternity leave from three to six months, with corresponding changes to paternity leave. She wants the National Assembly's Labour Committee to review and harmonise maternity benefits, effectively doubling the current leave period.

Muthoni argues that six months would give mothers enough time to fully recover after childbirth, in line with the World Health Organisation's recommendations on exclusive breastfeeding. She cites Article 41 of the Constitution, which guarantees fair labour practices and decent working conditions, and Article 53, which places the best interests of the child above all else.

Section 29 of the Employment Act 2007 currently provides mothers with three months of fully paid maternity leave.

"The current provision is below the 14 weeks set out in the International Labour Organisation's Maternity Protection Convention, 2000 (No. 183). Sufficient maternity leave allows mothers to heal after delivery, breastfeed, care for their new-borns in the early stages, and strengthen emotional bonds with their children," Muthoni says.

Her proposal now lies with the Labour Committee in the National Assembly.

Other supporters say the current 90-day period is not enough for full maternal recovery, exclusive breastfeeding and healthy infant growth. Advocates and public commentators say a longer leave would let mothers recover fully from childbirth complications or caesarean deliveries, while also meeting the WHO guideline of six months of exclusive breastfeeding.

Employers, however, are worried about the cost pressure this would put on small and medium enterprises, and about the risk of indirect discrimination against women of childbearing age if the government does not put in place cost-sharing measures or a supported insurance system.

Mercy Githara supports six months of maternity leave, but warns that policy change alone is not enough. She says longer leave could have unintended consequences, with companies growing reluctant to hire women of reproductive age or quietly punishing mothers who take the leave.

"Employers may grow reluctant to hire young women of childbearing age. Women might face being side-lined or quietly punished for taking extended time off," Mercy posted on LinkedIn.

She believes the government must actively support private companies so that extended leave can succeed without shifting the cost, or the burden, onto women, and stresses that it should help employers afford paid leave without pushing them to look for loopholes.

Minority Whip Millie Odhiambo has backed the proposal, saying mothers should have more time with their babies, particularly for breastfeeding. She referred to the Breastfeeding Mothers Bill nominated by MP Sabina Chege.

Small and medium enterprises argue that paying an employee for six months of absence without full productivity creates a heavy financial burden.

Henry Mugambi, a banker, says the intent behind the proposal is right, since better maternal and infant health outcomes translate into stronger workforce retention for women. He notes, though, that doubling statutory leave has real cost implications for employers, especially SMEs already navigating a tough compliance environment.

"Without a clear funding or cost-sharing model, well-meaning policy risks becoming another line employers quietly price into who they choose to hire. There is a need for consensus on whether extended leave should be an employer mandate or a shared social insurance scheme," Mugambi says.

Mugambi's question of who foots the bill is only one side of the argument.

For James Gathuita, an HR expert and career coach, the debate has left out a key player: fathers. He argues that while six months of maternity leave is necessary for maternal recovery and new-born bonding, the conversation must also include a significant review of paternity leave. He says the conversation around parental leave should not treat fathers as a "footnote", but should actively involve them in family care.

'Not excessive'

"The proposed months of maternity leave are not excessive. It represents the realistic time required for a mother's physical recovery, breastfeeding and bonding," he says.

He adds that the current two weeks of paternity leave is insufficient for a father adjusting to a new-born, supporting a recovering partner and dealing with sleepless nights.

Some employers are, however, already ahead of the law. East African Breweries Limited (EABL) offers a minimum of 26 weeks, or six months, of fully paid maternity leave. EABL Head of Communication Waithera Mwai tells Nation that the company has offered six months of maternity leave and one month of paternity leave since 2019.

"We recognise that the transition into motherhood is an important life stage, and we want our women employees to have the time and support they need to recover, bond with their babies and adjust to their new responsibilities. We believe supporting our people through this important period is an important part of building an inclusive workplace," Waithera says.

She adds that the policy gives mothers greater peace of mind and lets them return to work feeling supported and ready to keep contributing to the business.

"Ultimately, it is about creating an environment where women can thrive both at work and at home," she said.

The World Health Organisation and Unicef recommend that infants receive exclusive breast milk for the first six months of life, a target that is difficult for working mothers who return to their jobs after three months.

Former Buuri MP Kinoti Gatobu was among the earliest lawmakers to formally push for an extension of maternity leave in Kenya's Parliament, proposing in 2017 an optional extra three months without pay. His private member's bill was never passed into law; it lapsed without completing the full legislative process.

Other similar amendments have followed, among them the Employment Amendment Bill targeting half-pay extensions, introduced by MP Naomi Waqo. These attempts to expand statutory limits beyond the baseline 90 days have historically stalled, lapsed with the end of parliamentary terms, or faced major pushback and eventual defeat or withdrawal, largely due to opposition from employer bodies such as the Federation of Kenya Employers over cost and labour-market implications.

In 2023, Unicef called for maternity leave to be extended from three to six months to allow mothers to exclusively breastfeed their babies, saying maternity leave is one of the best ways to ensure that this happens.

Kenya would not be alone if it made the change. Several African countries already provide statutory maternity leave beyond three months, with national laws often granting four months or more.

South Africa grants at least four consecutive months, or 17 weeks, of maternity leave, though it is legally unpaid by the employer, with workers instead able to claim partial pay through the Unemployment Insurance Fund.

In Ethiopia, lactating mothers get 120 days of fully paid maternity leave under the country's labour proclamation, while Côte d'Ivoire gives civil servants up to six months. Senegal, Togo and Madagascar all provide 14 weeks, just over three months, of statutory leave.

Beyond Africa, the numbers go even higher. Bulgaria offers 58 weeks of paid leave at roughly 90 per cent of the mother's salary, while Estonia provides up to 86 weeks of combined family and parental benefits, much of it fully paid.

The United Kingdom gives up to 52 weeks of total leave, with 39 weeks financially compensated. In Italy, mothers with newborns get five months, or about 21 weeks, of mandatory paid leave at 80 per cent of earnings, while India guarantees 26 weeks, over six months, of fully paid maternity leave for up to two surviving children. Canada offers up to 50 to 61 weeks of combined parental and maternity benefits, and Spain provides 16 weeks of fully paid, non-transferable leave.