TSC leaves for teachers: Sick, maternity, paternity, study and all other leaves

The Teachers Service Commission, TSC, gives teachers a number of leaves. For you to get Sick leave, Maternity Leave, Study Leave and all other leaves, you must apply through writing to the Commission. A leave period is the time span within which a teacher is allowed to be off duty.

Whereas most leaves are sought for through official communication, others are automatic; like those taken during public holidays.

ALL TYPES OF TSC LEAVES.

Illustrated below are all the common types of TSC leaves that can be taken by teachers.

Permission to be Absent from Duty

You may at one time be unable to attend to the duties assigned by the Commission as required; maybe due to your own pressing, personal, issues. In this case, you are required to apply in writing to the Head of Institution for permission to be absent from duty.

Permission to be absent from duty is granted by the TSC after online application.

TSC Annual Leave

As a teacher you are entitled to a maximum of thirty (30) days leave with full pay in respect of each calendar year worked irrespective of the terms and conditions of service.

Annual leave shall only:-

•  be taken during school holidays; and
• not be accumulated to be carried forward from year to year.

Application for Annual Leave

You can apply for annual leave during school holidays by filling the annual leave application form Online.

Sick Leave

When ill you may be unable to attend to the duties assigned by the Commission as required. In such a case, it is prudent that you apply for Sick Leave to the Commission through the TSC leave application Portal.

An application for Sick Leave shall be filled to the Commission not later than Forty Eight (48) hours where the teacher attended hospital as an out-patient and not later than  seven (7) days where the teacher is an in-patient.

Application for sick leave by Head of Institution

A Head of Institution who on account of illness, is unable to attend to the duties assigned by the Commission as required, shall apply for Sick Leave to the Commission through the TSC leave application portal.

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Sick Leave Entitlement

The Commission may approve Sick Leave for a teacher in any period of twelve (12) months continuously, which sick leave may be granted: –

• for a maximum period of three(3) months with full pay;
• on half pay for a further three(3) months where the sickness extends beyond the third month; and
• without pay where the sickness extends beyond six(6) months until the teacher resumes duties.

The Commission shall, where a teacher applying for Sick Leave is serving on contractual terms for a period not exceeding one(1) year, grant Sick Leave: –

•  for a maximum period one month with full pay;
• on half pay for a further one month when the sickness extends beyond the first month;
  and
•  without pay where the sickness extends beyond two(2) months until the teacher resumes duty;Where the teacher is continuously on Sick Leave for a period exceeding one (1) year, the Commission shall recommend to the Director of Medical Services to convene a Medical Board to determine whether or not such a teacher is fit to continue teaching.

Where a teacher who has been on sick leave continuously for more than six (6) months in a period of twelve (12) months reports back for duty, the teacher shall report for posting in person to the County Director and shall produce a Certificate of Medical Fitness from a registered medical practitioner.

Application for Sick Leave

A registered Medical Practitioner may recommend that on account of illness a teacher: –

• be admitted to a hospital for treatment;
• be granted off-duty to recuperate; or
• receives medical treatment at home;

Where a registered medical practitioner recommends a leave of less than six (6) months for a teacher or Head of Institution, the teacher or Head of Institution shall apply for Sick Leave to the Commission and the leave may be granted by the County Director.

Where a teacher has continuously been on Sick Leave for a period exceeding six (6) months, the County Director shall forward the teacher’s application for Sick Leave to the Secretary.

The Commission shall, where a teacher fails to apply for Sick Leave in accordance with these Regulations, consider the teacher to be absent from duty without permission and may take disciplinary action against the teacher.

The Commission shall consider the recommendation for Sick Leave from a registered Medical Practitioner: –

• only where the leave authorized does not exceed a maximum of two(2) weeks; and
• where a further medical report submitted to the Commission to the effect that the
  teacher requires to be absent from duty for a period exceeding two weeks.

A teacher who donates an organ to a patient shall apply for Sick Leave as per the registered Medical Practitioner’s recommendation.

A teacher who submits false medical documents to the Commission shall be subject to disciplinary action.

Sick Leave Outside the Country

Where a teacher is referred by a registered medical practitioner to seek medical attention outside the country, the teacher shall be entitled to sick leave with pay in accordance with these Regulations.

Where a teacher seeks medical attention outside the country without recommendation from a registered Medical Practitioner, the Commission may approve sick leave without pay upon verification of a medical report from the health institution which the teacher attended.

Maternity Leave

If you are a Female teacher who is expectant, then you are entitled to a Maternity Leave. You may apply to TSC  for Maternity Leave by completing the Maternity Leave Application Form Online.

A female teacher shall give the Head of Institution at least four (4) months written notification of the intention to proceed on Maternity Leave which shall be accompanied by a letter from a registered medical practitioner indicating the Expected Date of Delivery.

The Commission may grant a female teacher Maternity Leave for one hundred and twenty (120) calendar days with full pay with effect from the date of delivery and the teacher shall not forfeit her annual leave on account of having taken maternity leave.

Proceeding on Maternity Leave without Approval

The Commission shall take disciplinary action against a female teacher who proceeds on Maternity Leave without  approval from the Commission.

Paternity Leave

The Commission shall upon application, grant a male teacher twenty one (21) working days Paternity Leave with full pay within the duration of his wife’s Maternity Leave which leave maybe granted only once a year.

An application for Paternity Leave shall be through completing the Paternity Application Form Online.

The Commission may take disciplinary action against a teacher who proceeds on Paternity Leave without approval from the Commission.

Study Leave

A teacher who intends to proceed on Study Leave shall apply to the Commission through the Head of Institution by completing the application for Study Leave online.

A teacher may only proceed on Study Leave with written approval from the Commission and after being released in writing by the Head of Institution.

A teacher who proceeds on Study Leave without the approval from the Commission and before being formally released in writing by the Head of Institution shall be considered to have deserted duty and shall be liable for disciplinary action.

The Commission may take disciplinary action against a Head of Institution who fails to release a teacher to proceed on Study Leave when the leave has been granted.

Conditions for Approval of Study Leave

The Commission may grant study leave to a teacher who: –

• has worked for the Commission for a minimum period of five(5) years from the dateof first appointment;
• seeks to undertake a postgraduate diploma or postgraduate degree; and
•  has demonstrated a good record in performance.

A teacher who intends to apply for a scholarship shall apply through the Commission if the teacher meets the conditions of the Study Leave Policy stipulated and these Regulations.

The Commission may grant Study Leave without pay to a teacher who: –

• applies to study in an area that is not in the school’s curricula or an area that is not covered by the study leave policy; or
• wishes to take Study Leave before completing three (3)years upon resumption of duty from study leave irrespective of whether such leave was with or without pay.

A teacher appointed or deployed by the Commission to an administrative position who takes Study Leave for a period exceeding six (6) months shall relinquish the position.

The Commission shall in approving an application for Study Leave by a teacher, take into consideration the staffing position of the institution at which the teacher is stationed.

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Bonding

A teacher who is granted Study Leave with pay shall execute a Bond by filling the Bonding Application Form Online. 

Where the Commission grants leave with pay to a teacher on a government scholarship or a Commission scholarship, the teacher shall be bound to the Commission to the extent of the amount equivalent to the value of the scholarship, salaries and allowances paid during the scholarship.

Where the Commission grants leave with pay to a teacher on a self or private sponsorship, the teacher shall be bound to the Commission to the extent of the amount equivalent to the salaries and allowances paid during the Study Leave.

A teacher who contravenes the conditions of a bond under these Regulations shall pay to the Commission the remainder of the total value of the bond.

Where a teacher transfers service from the Commission to a public body, the teacher shall be exempted from the provisions of bonding under these Regulations provided that the bond shall be transferred to the institution engaging the teacher.

A teacher who exits service on account of mandatory retirement age, medical reasons or death shall be exempted from the provisions on bonding under these Regulations.

Change of Area of Study or Institution

Where a teacher intends to change the area, programme or institution of study, the = teacher shall notify the Commission within thirty (30) days from the date of such change.

Where a teacher intends to change the area, programme or institution of study after the Commission has approved the study leave, the teacher shall notify the Commission in writing and shall provide details of the new area of study or institution and shall attach relevant documentary evidence.

A teacher shall not proceed with the new area of study or institution without a written approval from the Commission.

False Information with Regard to Study Leave

The Commission shall take disciplinary action against a teacher who provides false information in regard to study leave, or who fails to comply with any Regulation on Study Leave under this Code.

Reporting for Duty after Study Leave

A teacher granted study leave for a period exceeding six(6) months shall apply to the Commission for posting at least thirty(30) days before the expiry of the Study Leave.

The Commission shall take disciplinary action against a teacher who fails to apply for posting after the expiry of Study Leave and shall stop the salary of the teacher where the teacher was on paid Study Leave.

A teacher who is granted study leave for a period less than six (6) months shall report back to his former station before the study leave on expiry of the Study Leave.

Where a teacher fails to report back to his former station on expiry of the Study Leave, the Commission shall stop the teacher’s salary and may take further disciplinary action against the teacher.

Extension or Termination of Study Leave

The Commission may extend the Study Leave granted to a teacher provided that the extension shall be without pay.

The Commission may on reasonable grounds, before the expiry period of a study leave,terminate a teacher’s Study Leave.

Submission of Progress Reports and Certificate

A teacher on study leave shall submit progress reports and result slips or transcripts after every semester to the Commission.

The Commission shall cancel the Study Leave and recover any salaries and allowances paid to a teacher who fails to submit progress reports or result slip after every semester.

Where a teacher is granted Study Leave with pay and is on a government scholarship the teacher shall submit a Certificate of Qualification in the area of study within one (1) year of completion of the Study Leave.

The Commission shall, where a teacher granted Study Leave with pay and is on a government scholarship, fails to submit a Certificate of Qualification, recover from the teacher an equivalent amount of salaries and allowances paid during the Study Leave
period.

Study Leave with Pay

The Commission may grant Study Leave with pay to a teacher on permanent and pensionable terms of service for purposes of attending a course, study or training which in the opinion of the Commission is of national interest and relevant to the teaching service.

The Commission shall, when granting Study Leave with pay to a teacher, consider the demand for the skills in a subject area or area of specialization irrespective of the authority awarding the scholarship or the institution where studies are to be undertaken.

The Commission may grant Study Leave with Pay to:-

•  a teacher who applies through the Commission and is selected for training locally or abroad, by a recognized body including government bodies or sponsoring agent, subject to the conditions of the Study Leave Policy;
•  an untrained graduate teacher, studying for Post Graduate Diploma in Education in a public university or an accredited private university;
• an untrained technical teacher undertaking professional training in pedagogy at the Kenya Technical Teachers College or any other accredited institution;
•  a trained technical teacher, admitted to national polytechnic for a Higher National Diploma provided the subject area is in demand in the teaching service;
• teachers admitted to a public university and other accredited private universities to study a postgraduate degree in any of the areas specified in the study leave policy.
• a teacher on permanent and pensionable terms who proceeds for further education on private sponsorship or is admitted privately to an accredited private university, national polytechnic or institute of technology, if studying in an area of great need as specified in the Study Leave Policy.
• A teacher who is granted study leave with pay and is on Government sponsorship for a course of study for a period that exceeds thirty (30) days shall be entitled to eighty per cent of the basic salary payable from the date of departure to undertake the studies to the day immediately before the expiry of the Study Leave.

The Commission may in special circumstances, grant Study Leave with full pay to a teacher who is on government sponsorship for a course of study for a period exceeding thirty (30) days.

The Commission may grant Study Leave with Pay to a teacher who is on a self-sponsored course in an accredited university or institution.

Study Leave without Pay

The Commission may grant study leave without pay to: –

• a teacher on Permanent and Pensionable terms who proceeds for further education on private sponsorship or is admitted privately to a national polytechnics or institute of technology, if studying in areas other than those specified in the Study Leave Policy;
• teachers studying for a postgraduate degree in an area other than the areas specified in the Study Leave Policy; or
• a teacher studying privately for a doctorate degree.

Leave to Conduct Research or Write a Project Paper

The Commission may upon application by a teacher studying on part time basis or holiday based mode, who intends to undertake research or project work, grant a three(3) month leave with pay to the teacher.

An application by a teacher to the Commission for leave to undertake research or write a project shall be in the manner set out in Form S under Schedule XXXI.

Where the Commission grants leave to a teacher to undertake research or project work: –

• the leave shall not be extended beyond the three months granted; and
• the area of study shall be relevant to the area of specialization and an area that would have qualified for study leave with pay in accordance with the study leave policy.

Compassionate Leave

TSC grants a teacher Compassionate Leave of up to fifteen(15) calendar days on compassionate grounds to the teacher.

An application for Compassionate Leave shall be made online  by the teacher for approval.

Special Leave

The Commission may grant Special Leave with Pay to a teacher who has been selected and appointed to attend a meeting, conference, workshop, study tour or seminar for a duration not exceeding three (3) months wherein the opinion of the Commission, the participation of the teacher is of national or public interest or is relevant to education and the Teaching Service.

An application for Special Leave shall be made to the Commission online and shall be accompanied by the relevant documentation.

Special Leave for Sports Persons

The Commission may grant Special Leave with full pay to a teacher who is selected to represent Kenya in national, regional or international events for the necessary period of training and subsequent participation in the sport.

An application for Special Leave for Sports Persons shall be made to the Commission online and shall be accompanied by the relevant documentation.

Leave of Absence without Pay

The Commission may upon application, and on its own discretion, grant Leave of Absence or Compassionate Leave without Pay to a teacher where in the opinion of the Commission the teacher has a proven case of exceptional hardship.

A leave of absence under this Regulation-

• shall not exceed three months;
• shall be granted by the Secretary in person only once within a calendar year; and
• may be extended at the discretion of the Commission.

An application for Leave of Absence on compassionate grounds or in exceptional hardship shall be made to the Commission in writing through the Head of Institution.

Leave to Spouses of Diplomats

The Commission may grant unpaid leave to a teacher whose spouse is a diplomat during the period the diplomat is on assignment of duty outside Kenya.

An application for leave by a spouse of a diplomat shall be made to the Commission online and shall be accompanied by relevant documentation.

A spouse of a diplomat shall apply to the Commission for posting one (1) month before the end of assignment of duty.

Compulsory Leave

The Commission Secretary may in person, send a teacher on compulsory leave with full pay for a period of time not exceeding thirty (30) days and shall state in writing the reasons for the leave.

The Board of Management shall not have the power to send a teacher on Compulsory Leave.

Leave Outside Kenya

No teacher shall spend leave outside Kenya without written permission from the Commission.

Public Holidays

The Commission shall observe public holidays as stipulated in the Constitution, national legislation or any other day as may be gazzetted by the Government;

Idd-Ul-Fitr holiday will be observed on the 30thday from the date of commencement of Ramadhan or the 1stday of the next month, which will be gazzetted by the Government;

The Commission shall recognize as Public Holidays,Idd-ul-Adha and Diwali for teachers belonging to Islamic faith and Hindu faith respectively.