Mother’s Day is when the world pauses to recognise mothers’ beauty, strength, and dedication. It is a time when children, spouses, communities, and institutions appreciate mothers’ sacrifices. But beyond the flowers and kind words, real appreciation requires deeper action—protecting and promoting mothers’ rights in every sphere of life.
One of the most important areas where mothers need protection is the workplace. This is especially true for female teachers who face not just the everyday challenges of motherhood, but also the pressure of professional responsibility in shaping young lives. Teaching is not just a profession; it is a noble service. Teachers educate children, build communities, and influence generations. But what happens when a teacher becomes pregnant? What happens when she needs time to rest, to deliver her baby, and to care for her newborn? This is where maternity rights come into play.
Maternity rights refer to laws, policies, and protections that ensure pregnant women and new mothers are treated fairly and humanely at their workplaces. These rights include the right to take maternity leave, the right to return to work, the right not to be discriminated against, and the right to work in an environment that supports motherhood. These are not special favours. They are fundamental rights based on human dignity, equality, and fairness.
In many countries, including Kenya, maternity rights are protected by law. However, the gap between law and reality is often wide. Many teachers, especially those working in private schools, informal schools, or under contract, continue to suffer because they are not properly informed of their rights or because their employers ignore the law.
The Kenyan Constitution recognises the importance of protecting workers, especially women. Article 27 provides for equality and freedom from discrimination. It says clearly that women must not be discriminated against based on pregnancy or marital status. This is a powerful protection for teachers.
Article 41 of the Constitution gives every worker the right to fair labour practices. This includes the right to reasonable working conditions and parental leave. These constitutional provisions are the foundation for all maternity rights in Kenya. But they are not enough on their own. That is why the Employment Act of 2007 provides more detailed rules. Under Section 29 of the Employment Act, a female employee is entitled to maternity leave of three months (90 calendar days) with full pay. She must notify her employer in writing of her intention to take maternity leave at least seven days before the leave begins. Importantly, the law says that the maternity leave must not be deducted from the employee’s annual leave.
The guidelines for teachers employed by the Teachers Service Commission (TSC) are even more specific. The TSC Code of Regulations for Teachers confirms that teachers are entitled to 90 days of maternity leave. She must submit a request through her head of institution, supported by a medical certificate showing her expected delivery date. She is expected to apply at least three months before the due date. After the maternity leave, the teacher can resume her duties without losing job, benefits, or respect.
These rights are backed by the Employment and Labour Relations Court, which has handled several cases where teachers were unfairly dismissed or discriminated against due to pregnancy. The courts have firmly held that such treatment is illegal and unconstitutional in these cases. One notable case involved a female teacher dismissed from a private school after taking maternity leave. She sued the school, and the court ruled in her favour, stating that the dismissal was unfair and discriminatory. The school was ordered to compensate her for the loss and emotional suffering.
Another important case involved a teacher whose job was advertised while she was still on maternity leave. When she returned, she found that her position had been given to someone else. The court ruled that this was illegal. The judge emphasised that maternity leave is a right, not a reason to lose employment. Employers must protect, not punish, female workers during this period.
The reality, however, is often harsh. Many teachers, especially those in low-income areas or private institutions, continue to face violations of their rights. Some are forced to resign. Others are put under pressure not to conceive. There are also cases where schools fail to provide supportive environments for pregnant teachers or nursing mothers. Some schools lack proper rest facilities, do not allow flexible schedules, and even deny sick days related to pregnancy. These actions violate the law and show a deep lack of respect for motherhood and the vital role teachers play in society.
It is important to understand that maternity rights are not just about time off. They are about creating a safe and respectful environment for teachers to embrace motherhood without fear of job loss, discrimination, or humiliation. It is about recognising that being a mother does not make a teacher less capable—it makes her more valuable. Maternity rights also include protection from unfair treatment. For example, a teacher cannot be demoted, have her salary reduced, or be denied promotion because she took maternity leave. She cannot be isolated from duties or excluded from meetings because she is pregnant or has a child. Such acts are forms of discrimination and can be challenged in court.
Some argue that maternity leave is too long, and that schools suffer when teachers are absent. However, this view ignores the importance of rest and recovery for mothers and the need for bonding between a mother and her newborn. Maternity leave is not a holiday. It is a necessary period of healing and nurturing that benefits both the mother and the child.
Furthermore, schools and education authorities must plan in advance to manage teacher absences. They can hire temporary staff, share duties, or adjust schedules. These are management issues—not excuses to deny teachers their rights. Another common argument is that maternity leave costs too much. But again, this thinking is short-sighted. Investing in mothers is investing in the future. A healthy, supported mother returns to work more productive and loyal. A society that values motherhood is stronger and more stable. The real cost lies in denying rights, creating resentment, and forcing teachers to choose between their careers and families.
Some scholars have contributed valuable insights to this discussion. Professor Patricia Kameri-Mbote has written about the need to mainstream gender rights in legal systems. She argues that laws must be interpreted to support motherhood and family life. Dr. Duncan Okello has emphasised that workplace policies must evolve to help modern families through maternity leave, nursing spaces, and flexible schedules. These views are supported by the International Labour Organisation (ILO), which has called on governments to protect maternity rights as part of decent work standards. The ILO recommends at least 14 weeks of maternity leave, with income protection and job security. Kenya meets this minimum, but more can be done to improve awareness and enforcement.
Real-life stories show the importance of these rights. Mary, a teacher in a rural private school, was excited when she found out she was pregnant. But her joy turned into fear when her head teacher told her that pregnancy was not acceptable during the school term. Mary was pressured to resign. She refused and was dismissed.
With the help of a lawyer, she went to court and won her case. But the experience left her emotionally scarred. She now works in a different school and says she still fears being treated unfairly again.
Another case involves Susan, a teacher in a city school. When she returned from maternity leave, her desk was removed and her timetable reassigned. She was made to sit in the staffroom without duties. The message was clear: she was no longer welcome. Susan filed a complaint, and after many months, the TSC intervened. But the damage to her mental health and confidence had already been done.
These stories show that even though the law exists, enforcement is still weak. Many teachers are not aware of their rights, and others are too afraid to speak up. Some schools operate in ignorance or disregard the law. There is a great need for awareness campaigns, legal support, and stronger inspections by the Ministry of Labour and the TSC.
One way forward is to include maternity rights in teacher training colleges. This way, teachers will graduate knowing their rights and responsibilities. There should also be clear policies in every school—public or private—outlining maternity benefits, reporting processes, and support services. Schools should provide private breastfeeding spaces, allow new mothers flexible hours, and create a culture of respect for family life.
Fathers should also be part of the conversation. Paternity leave, even if shorter, allows men to support their partners and share parenting responsibilities. This not only helps mothers but also promotes gender equality.
As we celebrate Mother’s Day, let us remember that true celebration goes beyond gifts and greetings. It involves making life better for mothers—at home, at work, and in society. It involves creating workplaces where teachers are not punished for becoming mothers, but rather supported to be the best they can be.
Maternity rights are about justice, health, and humanity. They remind us that every mother has the right to give life without losing her job, dignity, or peace of mind. They remind us that a teacher who becomes a mother is not a burden—she is a blessing.
This Mother’s Day, let us commit to knowing, respecting, and defending the maternity rights of every teacher. Because when we protect mothers, we protect children, families, and the entire future of our nation. Let every classroom be a place of learning, love, respect, and fairness for all.
By Omwansa Onduko
Onduko is a second-year student at the Kabarak University School of Law
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