What the law says
Section 28(1) of the Employment Act gives every employee:
- at least 21 working days of leave with full pay after every 12 consecutive months with the same employer; and
- where employment ends after two or more consecutive months of a leave year, at least one and three-quarter days of paid leave for each completed month in that year.
The rest of section 28 lets leave be split with your consent, requires at least two uninterrupted weeks in the year where you are entitled to it, and says leave not taken in the year must be taken within 18 months of the end of the leave year. Your contract can give more than 21 days but not fewer.
Worked example: 8 months into the leave year
- Gross pay KES 60,000 a month. Eight completed months this leave year. Five days already taken.
- Days earned: 8 times 1.75 is 14 days. Less 5 taken leaves 9 days owed.
- Daily rate at monthly gross divided by 30: KES 2,000. Leave pay: KES 18,000.
- Paid with a normal month's salary, the KES 18,000 carries about KES 4,847 of PAYE, and NSSF, SHIF and Levy take a little more. You would keep about KES 11,308.
Which daily rate is right?
The Employment Act does not fix a divisor for turning monthly pay into a daily rate. Three divisors are common: 30 (calendar days), 26 (working days in a six-day week) or 22 (working days in a five-day week). Because leave is counted in working days, a working-day divisor gives a higher figure. The headline result uses 30, the same rate as our severance pay calculator, so the two never disagree. The /26 and /22 figures are shown alongside so you can compare with your contract or CBA, which governs if it is more generous.
Assumptions
- Only completed months count, and nothing accrues under the pro rata rule until two months are complete.
- If your contract gives more than 21 days, we accrue at your contract figure divided by 12 for each month. The extra days are contractual, so check how your contract treats them on exit.
- Tax is estimated as if the leave pay is added to one normal month's gross. KRA lists leave pay as taxable cash pay.
Sources
- Kenya Law, Employment Act (Cap. 226), section 28 (latest version on Kenya Law, dated 26 Apr 2024). Read 25 Oct 2026.
- Kenya Law, Regulation of Wages (General) Order, paragraph 9 (the same 21-day and 1.75-day rule for workers it covers; consolidated version of 26 Jun 2026). Read 25 Oct 2026.
- KRA, PAYE (leave pay is taxable cash pay). Read 25 Oct 2026.