TSC Teachers’ CBA 2021-2025 Key Changes as Commission Effects Increase In Maternity, Paternity Leave, and Pre-adoptive Days For Teachers

TSC Effects Increase In Maternity, Paternity Leave, Pre-adoptive Days For Teachers

The Teachers Service Commission (TSC) has effected the increase of maternity and paternity leave for teachers, in line with the 2021 to 2025 Collective Bargaining Agreement (CBA) which was signed by Teachers’ unions and their employer in July 2021.

TSC Teachers get best maternity deal among civil servants

Female teachers are now eligible to fully paid four months maternity leave, in an enhanced package announced by their employer the Teachers Service Commission (TSC).

Teachers get best maternity deal among civil servants

IN SUMMARY
Female teachers are now eligible to fully paid four months maternity leave, in an enhanced package announced by their employer the Teachers Service Commission (TSC).
The enhanced package is in partial fulfilment of the 2021-2025 Collective Bargaining Agreement (CBA).
The teachers were initially entitled to 90 days maternity leave that was exclusive of annual leave, and had to be applied for a month in advance.
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Teachers who adopt children will now enjoy a 45-day paid leave after the Teachers Service Commission (TSC) announced a new enhanced package that will make tutors have one of the best maternity packages in the civil service.

The package is in partial fulfilment of the 2021-2025 Collective Bargaining Agreement (CBA) and is slightly longer than the one-month paid leave enjoyed by other State officers who opt to become adoptive parents.

“A teacher is eligible to a pre-adoptive leave of 45 calendar days with full pay from the date of adoption,” said TSC chief executive Nancy Macharia in a circular to teachers.

Female teachers are now eligible to fully paid four months maternity leave exclusive of annual leave, following the announcement.

Paternity leave for male teachers has been increased to 21 calendar days from the 10 days that have been the norm.

This comes barely a year after President Uhuru Kenyatta assented to the Employment (Amendment) Bill of 2019.

The law introduced paid leave days for adoptive parents.

The changes, however, exclude parents of children born through surrogacy after Mr Kenyatta declined the provision on grounds that Kenya lacks a substantive legal and regulatory framework to protect all parties within the surrogacy arrangement.

Kenya’s law allows a fully paid, two-week paternity break for fathers and a three-month maternity leave for those who nurse their own pregnancies.

In its 2019- 2023 Strategic Plan, the Commission identified Reforms and Innovation in the provisIon of teaching services as its strategic focus area aimed at improving service delivery to its employees and stakeholders.

In this regard,the Commission has successfully migrated services related to leave application for teachers to an online platform.

The Human Resource Management Information System (HRMIS) Leave Module for Teachers was effected from 1″ November, 2021 and Subsequently the leave application process has been exeCuted seamlessly.

The Code of Regulation for Teachers (2015) read together with the Collective Bargaining Agreement (2021-2025) have specific provisions for Maternity, Paternity and Pre-adoptive Leave. In line with the said provisions all teachers are eligible for only one leave at a time.

The purpose of this Circular is to inform you of the following changes in leave policy which came into effect from 1″ July, 2021.

Maternity Leave

Female employees shall be entitled to one hundred and twenty (120) calendar days with full pay with effect from the date of delivery and the teacher shall not forfeit annual leave on account of having taken maternity leave.

Paternity Leave

A male teacher will be eligible for paternity leave of twenty one (21) calendar days with full pay once a year within the duration of the spouses maternity leave.

Pre-Adoptive Leave

A teacher is eligible for a pre-adoptive leave of forty-five (45) calendar days with full pay from the date of adoption.