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The legal framework safeguarding the rights of working mothers is provided for in different Acts of Parliament in Kenya.

 “For instance, the Employment Act provides that a woman is entitled to three months maternity leave and employers are required to pay their salaries in full for this period. The Act, which was recently amended entitles an adoptive mother to pre-adoptive leave with full pay,” explains advocate Wanjiru Kanyi of Wanjiru Kanyi Law Advocates.

“Similarly, the Health Act 2017 protects the rights of breastfeeding mothers at the work place. The Act provides that employers are required to; establish breastfeeding stations with necessary facilities, take measures to prevent marketing or selling infant formula and breast milk substitutes in the breast feeding stations and give breastfeeding employees paid breaks, time off for meals, breastfeeding and expressing of breast milk for up to one hour for every eight hour working period,” she adds.

The lawyer further shares that guidelines are also provided for in various policies and recommendations in addition to bills such as the Breastfeeding Mothers Bill, which is yet to be signed into law.

She offers: “Women have been forced to leave employment to concentrate on motherhood as a result of little or no support from their employers. Others have faced termination after maternity leave. While most employers endeavour to oblige to the provisions of the law, lack of monitoring and enforcement of the laws has led to the same being indiscriminately flaunted. Not many employers have maternal (mental health) protection policies in place.”

It is notable that the employers who have implemented these provisions mainly belong to mid-level companies and above, leading to the inference that small companies, Small and Medium Enterprises (SMEs) and the informal sector may lack the financial muscle or economic sustainability to comply with the requirement of the law.

Grace Kinyua, head of human resource at Sai Pharmaceuticals Kenya Limited (Hygiene Division) explains that the Employment Act 2007 provides that an employee shall be entitled to a sick leave of up to a maximum of 30 days with full pay and thereafter, up to a maximum of 15 days sick leave with half pay in each period of 12 consecutive months of service.

“Remember that what is provided in law is the bare minimum. Employers are encouraged to do even better,” she says.

Tabitha Cherop, a Human Resource Management Officer says companies should consider changing their employee performance metrics to ensure that productivity is not solely pegged on work attendance, especially for female employees.

“Work attendance is not always a reliable indicator of employee productivity as it may not take into account the quality of work or the ability to meet deadlines. There are many ways to measure productivity, including the quality of work, meeting project deadlines and achieving key performance indicators (KPIs). It is essential to ensure that employee performance metrics are fair and unbiased, and that female employees are not held to different standards than their male counterparts,” says Cherop.

She says offering flexible working arrangements such as part-time work, job-sharing or telecommuting can help women balance their work and family responsibilities. “In addition, providing on-site childcare or subsidising childcare costs can help working mothers manage their childcare responsibilities. Providing mentorship and coaching to working mothers can help them build their skills and confidence in their careers. Ensuring that women are paid fairly and have access to the same promotion opportunities as men is critical to building a stable working environment for working mothers. Ensuring that there is zero tolerance for discrimination and bias, and creating an inclusive workplace culture is essential for supporting working mothers and women in general,” Cherop explains.

Overall, companies need to recognise the unique challenges that working mothers face and take steps to create a working environment that supports their success. By doing so, they can attract and retain talented female employees, which is not only the right thing to do, but also good for business.