By Victor Orandi

The Employment (Amendment) Bill, 2019 (the “Bill”) seeks to amend the Employment Act 2007 to provide for Pre-adoptive Leave. In its current form, the Employment Act provides for maternity leave to coincide with the birth of a child and does not contemplate adoption. Pre-adoption in this case, as considered under section 157 of the Children’s Act 2001, means that a child shall be placed under the constant care of a guardian for three consecutive months before applying for an adoption order.

The Bill provides that in the case of a married female employee, the employee shall be entitled to three consecutive months pre-adoption leave with full pay from the date of the child’s placement. A married male employee, the employee, shall be entitled to two weeks pre-adoption leave with full payment.

The employee eligible for the pre-adoption leave is required to notify the employer in writing of the intention of the adoption society to place the child in the custody of the employee at least 14 days before the child’s placement.

The notice to the employer shall be accompanied by documentation evidencing the intention of the adoption society to place the child in the custody of the employee, including a custody agreement between the employee and the adoption society and an exit certificate. An exit certificate within the meaning of the Bill means a written authority given by a registered adoption society to a prospective adoptive parent to take the child from the custody of the adoptive society.

This proposed amendment is laudable as it seeks to mainstream adoption as a recognised form of parenthood. If enacted into law, adopting parents will find similar recognition and entitlement under the Kenyan labour law to biological parents.