New system for teachers in application for leave

By Roy Hezron

Teachers Service Commission moved all teachers’ leave applications online. The Commission said the move, which became effective on December 1, 2021, is aimed at improving service delivery to its employees and stakeholders.

Through a circular dated November 23, 2021 signed by the Commission’s Chief Executive Officer Dr Nancy Macharia, the Commission maintained that moving forward, all teachers including those in internship will be required to apply for their leaves using the online platform.

The circular was copied to all Regional, County and Sub-County Directors and addressed to all teachers.

“The Commission has successfully automated the leave application and approval process and moved the same to an online system. To this end, there will be no manual application for all types of leave effective December 1, 2021,” reads the circular in part.

Among the leaves that have been moved online include Sick leave, Annual leave, Compassionate leave, Paternity and Maternity leave, Special leave and Adoption leave.

Teachers have been directed to consult the Commission’s Information and Communication Technology (ICT) field officers in case of any challenges in application of the leave.

However, those teachers who had already applied for the leaves manually and proceeded for their leave will not be affected by the directives.

According to Code of Regulations for Teachers (CORT) of 2015, a teacher employed by TSC is entitled to a maximum of thirty days annual leave with full pay irrespective of the terms and conditions of service.

The annual leave shall only be taken during school holidays and cannot be carried forward from year to year.

The Code requires a sick teacher who is unable to attend to duties assigned by the Commission to apply for Sick leave to the Commission.

The Code also requires heads of institution who on account of illness are unable to attend to duties assigned by the Commission to apply for sick leave to the Commission through the Sub-county Directors who will forward the application to the County Director.

Sick leave for a teacher is for any period of twelve months continuously. Sick leave may be granted for a maximum period of three months with full pay.   A teacher will be on half pay if the sickness extends beyond the third month and without pay if the sickness extends beyond six months until the teacher resumes duty.

Those serving on contractual terms for a period exceeding one year will be granted sick leave for a maximum period of one month with full pay. They will be on half pay when the sickness extends beyond the first month and be without pay when the sickness extends beyond two months until the teacher resumes duty.

In the recently signed Collective Bargaining Agreement (CBA), the Commission extended Maternity leave to 120 days from 90 days with full salary pay with effect from the date of delivery. Paternity leave  was increased to 21 days from 14 days with full salary pay once a year while Pre-adoptive leave was increased to 45 days with full salary from the date of adoption.

Teachers willing to further their studies can apply for Study leave though the leave will be granted by the Commission to teachers who have worked  for the Commission  for a minimum period of  five years from the date of first appointment and who have demonstrated a good record in performance.

Compassionate leave of up to 15 days is granted to a teacher on compassionate grounds at the discretion of the Sub-county director or head of institution while Special leave with pay may be granted by the Commission 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 months. According to the Commission, the participation of the teacher must be of national or public interest or must be relevant to the education and teaching service.

 Special leave with full pay for sports persons may be granted by the Commission 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.

Leave of absence without pay applies where the Commission in its own discretion, grants leave of absence or compassionate leave without pay to a teacher whom the Commission considers has a proven case of exceptional hardship.

The Commission may grant unpaid leave to a teacher whose spouse is in diplomatic service during the period the spouse is on assignment of duty outside Kenya. The application should be accompanied by relevant documentation and the teacher whose spouse is in diplomatic service should apply to the Commission for posting one month before the end of assignment of duty.

On Compulsory leave, the Commission CEO may in person, send a teacher on Compulsory leave with full pay to allow for investigations into allegations against the teacher, which shall be 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.

A teacher seeking to go on leave outside Kenya for vacation must seek permission from the Commission.

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