Jane wrote: “Hey TUKO, I have been working as a receptionist for a popular hotel for the last 15 months. I got married about eight months ago and now I am pregnant. My boss found out I was pregnant last month, and now I feel like he is trying to force me to quit. He is overly rude and insults me at work and three days ago, he told me I should get a job somewhere else. The harassment is escalating every day. In the employee contract I signed, female employees are entitled to paid maternity leave. I feel like he is trying to get rid of me before my maternity leave. Its like my biss is abusing me so I can quit. What should I do? What are my rights, and what recourse do I have legally?” Images of an expectant woman used for illustration. Emmanuel Makokha is a certified career development coach with over ten years of experience. Over the years, Emmanuel has provided Career Growth Coaching, Interview Preps, Resume, and LinkedIn Writing Services to Mid and Senior Executives across 30 countries. TUKO.coke reached out to Emmanuel Makokha for advice on the protection of women’s rights in the workplace, especially when they are pregnant. What does the law say about pregnant employees? Makokha expressed sympathy with Jane’s situation at work and noted that she is protected from discrimination and firing due to pregnancy under the Employment Act 2007 of Kenyan law. “I’m sorry to hear about the situation you’re facing at work. In Kenya, the law is quite clear on the rights of pregnant employees. According to the Employment Act 2007, female workers are entitled to 3 months (91 calendar days) of fully paid maternity leave on the birth of a child. You are required to give a written notice of at least 7 days before proceeding on maternity leave. Additionally, an employer cannot dismiss a female employee from work due to pregnancy,” Makokha told TUKO.co.ke. How to determine unlawful termination and discrimination at work In the case of pregnancy, the career coach noted that it is illegal for an employer to mistreat or fire an employee or try to force the employee to resign because of pregnancy. “If you feel that your boss is trying to force you to quit because of your pregnancy, this could be considered unlawful termination and discrimination. You have the right to take your maternity leave without fear of losing your job or facing harassment,” Makhokha advised Jane. Makhokha further recommended various steps that Jane can take to secure her job and ensure she has legal recourse if necessary. Keep a record of all instances of harassment and any communication with your boss regarding your pregnancy and maternity leave. Make a record of the mistreatments and abuse where possible. If your workplace has a Human Resources department or a grievance-handling procedure, report the matter formally and keep a record of your report. If internal resolution doesn’t work, you can seek legal recourse. You may contact a lawyer or the Ministry of Labour in Kenya to get assistance on how to proceed with a claim for unlawful termination or discrimination. “Remember, the law is there to protect you and ensure that you are not discriminated against due to your pregnancy. It’s important to stand up for your rights and seek the support you need during this time,” said Makokha. Disclaimer: Advice given in this article is general and is not intended to influence readers’ decisions about career development. They should always seek their own professional advice that takes into account their own personal circumstances before making a career decision. Do you have a story to tell? Want an expert’s advice? Please email us at askanexpert@tuko.co.ke with ‘Ask an expert’ in the subject line. In other related news, Maria, an employee at a bank, sought advice after being pressured for sexual favours by a superior in exchange for a promotion to the PR department. Maria fears that if she reports him to HR, she will be targeted for retaliation and eventually fired. Emmanuel Makokha, a career coach, said that such behaviour constitutes sexual harassment under Kenyan law and outlines six actions that Maria can take.
by Elijah Ntongai with expert Emmanuel Makokha
