By Purity Ngigi – Sundays

The President assented to the employment bill proposing one month’s pre-adoptive leave to employees wishing to adopt a child from an adoption society. The signing of the bill into law came following a rejection of the bill earlier this year.

The pre-adoption leave became fully operational on 15th April 2020. Employees who intend to adopt a child shall have a right to go on one month’s leave following the intention of an adoption society to place the child in the employee’s custody. 

The pre-adoptive leave provides time for the employee to bond with the child. The adoption law requires that a child be placed in the continuous care and control of the potential adoptive parents for three consecutive months before an adoption order is issued. During this period, the adoption society of Kenya evaluates and assesses the relationship between the adoptive parents and the child. 

An employee whose adoptive child is placed in his/her care shall give at least 14 days notice of intention to proceed for pre-adoptive leave. The notice must be in writing and accompanied by custody evidence, such as a custody agreement between the adoption society and the employee and an exit certificate. An exit certificate evidences the adoptive parents’ authority to take custody of the child. 

Employers should note this new provision under the employment law and update their leave policy to include pre-adoptive leave. In addition, employers should notify the employees of this amendment of the policies.