Teachers serving in an acting capacity are eligible for special benefits.
Teachers and government employees who fill administrative responsibilities on a temporary basis will now be eligible for special allowances.
For extended periods of time without official confirmation to these roles or any compensation, teachers have frequently assumed the duties of school administrators, including those of Senior Teachers, Senior Masters, Deputy Headteachers, Deputy Principals, Headteachers, Senior Headteachers, Principals, and Senior Principals.
For individuals who have played these positions for longer than six months, the situation has improved. Members of Parliament (MPs) rejected a plan to deny them allowances because they believed it to be an unfair labor practice and discrimination.
The National Assembly Labor Committee claimed in its report that such a clause would go against Article 27 of the Constitution, which deals with the right to equality in employment and freedom from discrimination. Additionally, Section 5 of the Employment Act of 2007 was noted, which mandates that businesses pay employees equally for labor of comparable value.
The committee suggested a 12-month length until the position is declared vacant and filled via a competitive process as opposed to restricting acting roles to a six-month time frame. Individuals would not be qualified for acting allowances after this time frame.
The Embakasi Central MP Benjamin supported a bill that would have repealed Section 34 of the Act by stating that acting allowances should terminate after six months.
The MP stated that this amount of time ought to be adequate for businesses to identify qualified applicants to fill open positions.
A person could be appointed in an acting role for at least 30 days but not more than six months, according to the measure.
The argument was based on the idea that employers, particularly teachers and government workers, should make plans for a smooth transition because they are aware of their employees’ retirement dates.
The Public Service Commission (PSC), however, objected to this revision and claimed that not all posts could be filled easily. They gave examples of situations where substantive officers are permitted to take extended leaves of absence, including secondment, leave of absence for wives of Foreign Service officers stationed overseas, and sabbatical leave for university employees.
Sabbatical leave durations might range from nine months to a year at various universities. When appointing officers in acting capacities, the PSC stressed the significance of continuity in the delivery of public services, emphasizing that the main goal is not just to offer allowances but to assure ongoing service delivery.
The Employment Act, No. 11 of 2007, Section 37, which outlines the current legal framework, acknowledges the idea of “Appointment of an Employee in an Acting Capacity.”
Although the Public Service Commission Act, No. 10 of 2017, Section 34(3) places restrictions on public officers’ ability to serve in acting capacities, including a six-month maximum, many officers, notably in parastatals, have worked in acting capacities for longer periods of time, sometimes even up to three years.