Frequently Asked Question

How are maternity, paternity, and parental rights handled?

2 min read BestCare Manpower Services Nairobi, Kenya
Answer

Parental rights are among the most important employment entitlements workers hold, and they apply with full force to outsourced workers. Pregnancy and parenthood cannot be reasons to treat a worker less favourably, and an outsourcing arrangement does not diminish any of the statutory rights associated with becoming a parent. At Bestcare Manpower Services, we take parental rights very seriously and administer them carefully for every worker in our employment.

Female workers employed by Bestcare who become pregnant are entitled to the statutory maternity leave provisions applicable in their jurisdiction. This typically involves a defined minimum period of maternity leave, often with the right to return to the same or an equivalent position, and statutory maternity pay (or access to a social security maternity benefit scheme) during at least part of that leave. Bestcare administers these entitlements as the legal employer. We notify clients of a worker’s pregnancy and anticipated leave period with appropriate notice, and we arrange cover for the duration of the leave.

Where the law provides for paternity leave, shared parental leave, or other forms of parental leave, these entitlements apply equally to outsourced workers employed by Bestcare. We process these applications in accordance with the statutory framework and the worker’s contractual terms, ensuring no worker is penalised for exercising their parental rights.

Pregnancy and maternity are protected characteristics under employment law in virtually all jurisdictions. A worker cannot be dismissed, penalised, or treated less favourably because of pregnancy or the exercise of maternity rights. This protection applies with full force to Bestcare’s workers, and any client conduct that discriminates against a worker on these grounds is reported and addressed promptly.

After maternity or parental leave, workers are entitled to return to work. In most jurisdictions, after short leave periods, the right is to return to the same role. After longer periods, the right may be to a suitable alternative role. Bestcare works with the client to ensure that a suitable deployment is available for returning workers, and we handle the return process in accordance with the worker’s legal entitlements.

Bestcare acts as the point of contact for all parental leave matters. Workers discuss their plans with us, we advise on their entitlements, and we communicate with the client about leave dates and cover arrangements. This ensures that both the worker and the client have clarity and confidence throughout the process.