Employers should have no leave discrimination

NAIROBI: Jane Mary, not her real name, writes stating how her fellow female coworkers are discriminated against compared to the men in the same organisation. She says the pay structure is skewed in favour of the male ‘species’ irrespective of whether a female can work well in a similar job placement.

She wonders if taking a maternity leave is a crime. She had resumed work only to find a new replacement. According to Mary, the boss believes an employee taking a long paid leave undermines the company’s productivity.

To keep their jobs intact, employees on long leave are required to find someone to stand in temporarily for them. This is counter-productive if one is holding a highly skilled career as a temporary replacement as they may not have the level of expertise needed.

Unfortunately, her organisation has seen jobs being taken over by male employees. Michael Wambugu, a city-based business manager, says every employee has a right to a paid work leave. Leave should not be necessitated by a family emergency or an illness.

The benefits of a paid leave far outweigh the reasons stated.

For example, you may be dealing with work-related stress that hampers your productivity and affects your co-workers. Leave can see you return more energised and renewed in your job performance. In formal employment, your company should not treat you as a casual worker who can easily be dispensed with, he says.

He says the employer too has no right to change your contractual terms and conditions without your agreement. “You’re entitled to full benefits including a full monthly pay, a pay rise or a promotion in your absence,” he says, adding that unless an employee is under suspension, like being investigated over their conduct, they may be entitled to half-pay or as the company policy states.

Mr Wambugu opines that labour laws may compel your employer to pay you full rates irrespective of the duration you were out of work, such as attending antenatal care clinic or recuperating.

Clinician Lucy Ng’ethe says it is essential to inform your employer in advance of your pregnancy and the likely dates the baby is due. This would be essential as due arrangements can be made to tailor your work schedule. The boss may be giving you time off to attend to antenatal appointments.

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