Effect of the Enhanced Maternity Leave in the Kenyan Labour Laws (Employment Act, 2007) to the Employability of Women at Britam Life Assurance Company Ltd

Abstract

Career and workplace dynamics continue to shift as employers are forced to consider supporting employees with the balance of work and life to ensure sustainability. Pregnancy in employment is a vital human rights issue on the basis of equality in availability and share of opportunity amongst employees particularly women. Pregnancy ought not to result in the discriminatory treatment of women yet continues to plague expectant women who may miss out on employment opportunities or fail to be promoted. This brings about the effect of the enhanced maternity leave as employers are legally bound in the support of employees during maternity leave and perceptions on costs incurred may somewhat explain the discrimination. Enhanced maternity leave policies also benefit employers as longer leave periods are associated with improved employee productivity from employee wellness. The requirement to comply with the law should not deter an employer to do right by prospective employees to ensure overall wellness in the society and improved performance in the organization. This study hereby sought to determine the effects of the enhanced maternity leave in the Kenyan labour laws on the employability of women at Britam Life Assurance Company Ltd. The study adopted case study design using an interview guide to collect data. Content analysis was then used to analyze and present the data. Findings suggested that diverse perceptions revolving around the enhanced maternity leave continued to affect employment decisions regarding women during recruitment, selection and promotion as they went unmanaged. Although managers at Britam would and had hired a pregnant woman at some point, it was evident that pregnancy had the ability to affect a hiring decision as some weighed it out against productivity and financial implications on the company. The effects of the enhanced maternity leave were seen to affect individual opinions rather than Britam Life Assurance as a company. The study therefore recommended that organizations engage in conversations that aim to meet the needs of women regarding pregnancy and maternity to manage the passive discrimination against women and better their lives at work. Organizations should also critically plan so that they are continuously improving on their talent pool to deal with the interruptions caused by the women when on maternity leave ensuring a smooth transaction. This is because the issues of prolonged maternity leave and pregnancy at work not only cost the employer financially but also brings a cost-benefit element.