The President of Kenya assented to the Employment (Amendment) Act, 2021 (the Amendment Act) on 30 March 2021. The Amendment Act comes into force on 15 April 2021, incorporating a provision on pre-adoptive leave.

Section 29A of the Employment Act, 2007 now provides that, where an employee adopts a child, the employee shall be entitled to one month's pre-adoptive leave with full pay from the date of the placement of the child.

The employee is obligated to give the employer a notice of at least 14 days of the intention of the adoption society to place the child in the custody of the employee. The notice shall be accompanied by documentation evidencing the intention of the adoption society to place the child in the custody of the employee and written authority by the adoption society allowing the employee to adopt.

This is a welcome change for prospective parents to adopted children.

A copy of the Amendment Act can be accessed here.