Protection of the Family Under Kenyan Employment Law

Abstract

Work and the family constitute important aspects of life. This article explores the manner in which employment law protects the family unit. It discusses the importance of the family unit in social and economic planning and the role that it plays in protecting vulnerable members of society. It compares relationships created within the family unit and those arising from work with a view to highlighting the nature of the challenges which arise in both domains. It discusses problems which arise based on gender, differing perceptions of family and the collapse of boundaries between home and work.It discusses several areas of employment law which play a role in supporting employees to meet their family obligations. These include granting of parental leave in the form of  maternity, paternity and pre-adoptive leave to allow employees to fulfil family commitments relating to the introduction of a child into the family. It also discusses other possible areas of support such as granting employees the right to disconnect from work to prevent employers from making demands on their time outside working hours, granting additional leaves to care for family members who need support and family friendly transfer or deployment policies.

Keywords:Family, Work, Labour and Employment Law, work-life balance, Work-family conflict, Maternity leave, Paternity leave, Right to disconnect.

DOI: 10.7176/JLPG/133-05

Publication date:June 30^th 2023