Permits & People

Annual Leave Entitlements Tanzania: 28 Days, Sick and Maternity Leave, and Leave Pay

Cover: annual leave entitlements in Tanzania, 28 days under ELRA Cap. 366 s.31, leave pay taxed under F0176 to F0180
Annual, sick, maternity, paternity and compassionate leave on the Mainland, with the payroll treatment of leave pay. As at 7 October 2026.
Direct answer

What are the annual leave entitlements in Tanzania? On the Mainland, section 31 of the Employment and Labour Relations Act, Cap. 366, gives at least 28 consecutive days of paid annual leave in each 12-month leave cycle, public holidays included. It must be taken within six months of the cycle ending. Employees with under six months' service are excluded, and untaken leave is paid out on termination.

The same Part of the Act gives 126 days of sick leave, 84 days of maternity leave, 3 days of paternity leave and 4 days of compassionate leave, each counted over a 36-month cycle. The Labour Laws (Amendments) Act No. 4 of 2025 added leave for premature births and an unpaid leave option. Zanzibar has its own employment law.

What the law says about annual leave in Tanzania

Leave on the Mainland is governed by Part III, Sub-Part D of the Employment and Labour Relations Act, Cap. 366 (ELRA). The current revised edition is Cap. 366 R.E. 2019, dated 30 November 2019, which keeps the section numbers of the 2004 Act. Sections 29 to 34 set the leave entitlements. Section 44 sets what must be paid on termination.

The Labour Laws (Amendments) Act No. 4 of 2025 changed three leave rules. It received assent on 4 March 2025 and was published on 14 March 2025. Section 8 adds paid maternity leave for a premature birth. Section 9 gives fathers 7 days of paternity leave for a premature birth. Section 10 adds a new section 34A on unpaid leave. The Act did not change the annual leave or sick leave rules.

The Employment and Labour Relations (General) Regulations, GN 47 of 2017 add procedure. Regulation 14 says no employee should work through a leave cycle without applying for annual leave.

Three definitions in section 30 shape every calculation:

Section 30(2) lets employer and employee agree a standard leave cycle for the whole workforce, such as the calendar year. The agreement must not reduce any employee's entitlement.

Who is affected by these leave rules?

Leave terms should sit in the written contract and the leave policy. Our guide to employment contracts and workplace policies covers the written particulars that section 15 requires.

Leave entitlements at a glance

The table sets out each entitlement as printed in Cap. 366 R.E. 2019, with the 2025 amendments. Figures are statutory minimums. A contract or collective agreement can give more, never less.

Leave typeMinimum entitlementCyclePaySection
Annual leave28 consecutive days, inclusive of public holidays in the period12 monthsFull remuneration, paid before leave startss.31
Sick leave126 days, on a medical certificate36 monthsFirst 63 days full wages; next 63 days half wagess.32
Maternity leave84 days; 100 days for more than one child at a birth; a further 84 days if the child dies within a year36 monthsPaid; employer obliged for 4 terms onlys.33(6) to (8)
Maternity leave, premature birthFrom the birth to the completion of 40 weeks of pregnancy, plus the normal maternity leave36 monthsPaids.33 as amended by Act No. 4 of 2025 s.8
Paternity leave3 days, taken within 7 days of the birth; 7 days for a premature birth36 monthsPaids.34(1)(a) as amended by Act No. 4 of 2025 s.9
Compassionate leave4 days in total for the sickness or death of a child, or the death of a spouse, parent, grandparent, grandchild or sibling36 monthsPaid; extra days may be granted unpaids.34(1)(b), s.34(3)(b)
Unpaid leaveUp to 30 days on written application, extendable by agreementNot statedUnpaid, at the employer's discretions.34A, added by Act No. 4 of 2025 s.10
Breastfeeding timeUp to 2 hours a day during working hoursWhile nursingPaid working times.33(10); GN 47 of 2017 reg. 15

How much annual leave is an employee entitled to in Tanzania?

Section 31(1) requires the employer to grant at least 28 consecutive days of leave in each 12-month cycle. The days are calendar days, not working days, because the Act says "consecutive" and includes public holidays that fall within the period. In practice 28 consecutive days covers four weeks, or about 20 working days on a five-day week.

Under section 31(2), the employer may deduct paid occasional leave that it granted at the employee's request during the cycle.

Three further rules matter for payroll:

Section 30(1)(c) calculates paid leave on basic wage, while section 31(4) speaks of remuneration. Paying the full regular salary during leave is the safer reading.

Can annual leave be carried over or paid out?

The employer decides when annual leave is taken, but section 31(3) sets an outer limit. Leave must be taken no later than six months after the end of the leave cycle. The limit extends to twelve months only if the employee consents and the extension is justified by the employer's operational requirements.

The Act does not say that leave is forfeited when these limits pass, and gives no rule for cashing leave during employment. On our reading, an annual cash buy-out sits badly with section 31(6) and regulation 14. Take legal advice before adopting one.

On termination, the position is clear. Section 44(1) requires the employer to pay:

The incomplete cycle is usually settled pro rata, at about 2.33 days for each month. The Act prints no formula, so state the method in the policy. Our guides to employee termination and the redundancy procedure cover the other items.

What are sick, maternity and paternity leave entitlements?

Sick leave. Section 32 gives at least 126 days in a 36-month cycle. The first 63 days are paid at full wages and the next 63 at half wages. No pay is due without a medical certificate, or where the employee has paid sick leave under another law, fund or collective agreement.

Maternity leave. Section 33 requires notice at least three months before the expected date of birth, supported by a medical certificate. Leave may start four weeks before the expected date, or earlier on medical advice. No employee may work within six weeks after the birth unless a practitioner certifies her fit. The entitlement within a 36-month cycle is:

Section 33(8) limits the employer's duty to paid leave for four terms of maternity leave. The employee may return on the same terms and conditions. A nursing mother may feed her child during working hours for up to two hours a day. Regulation 15 of GN 47 of 2017 applies that for at least six consecutive months after maternity leave.

Paternity and compassionate leave. Section 34(1)(a) gives a father at least 3 days of paid leave, taken within 7 days of the birth. After the 2025 amendment, he gets 7 days for a premature birth. Under section 34(3), the 3 days and the 4 days of compassionate leave are cycle totals. Extra days may be granted unpaid, and the employer may ask for reasonable proof.

Unpaid leave. New section 34A allows up to 30 days of unpaid leave on written application, extendable by agreement. We have not found the regulations it refers to.

How do public holidays interact with annual leave?

Section 31(1) says the 28 days are inclusive of any public holiday within the leave period. A public holiday during annual leave therefore does not add a day. Public holidays are set by the Public Holidays Act, Cap. 35. Section 3 lets the President declare further days by proclamation. Section 4 moves a holiday falling on a Saturday or Sunday to the next day that is not itself a public holiday.

Holiday in the Cap. 35 ScheduleDate
New Year's Day1 January
Revolution Day12 January
Union Day26 April
International Workers' Day1 May
Peasants' Day (Nane Nane)8 August
Mwalimu Nyerere Day14 October
Independence and Republic Day9 December
Christmas Day and Boxing Day25 and 26 December
Good Friday and Easter MondayMoveable
Id-ul-Fitr (two days), Id-el-Haj (one day), Maulidi DaySet by the lunar calendar

The TanzLII text is the 2002 version; Mwalimu Nyerere Day appears in the schedule reproduced by Tanzania Laws. Published calendars also show Karume Day on 7 April and Saba Saba on 7 July. We have not found the instrument that adds those two days, so confirm each year's list with the Government's official announcement.

How is leave pay taxed in payroll?

Leave pay is employment income. Section 7(2)(a) of the Income Tax Act, Cap. 332 lists "payment in lieu of leave" with wages and salary. Pay for leave taken is ordinary salary for the month. Both carry PAYE at the resident monthly bands in the Zatra government fees register. Section 5(1) reduces chargeable income by retirement contributions to approved funds under section 61, so the employee's NSSF share comes off before PAYE.

ItemRate or bandRegister IDApplies to leave pay?Basis
PAYE, monthly income up to TZS 270,000NilF0176YesCap. 332 First Schedule para 1(1)
PAYE, TZS 270,001 to 520,0008% of the amount above TZS 270,000F0177YesCap. 332 First Schedule para 1(1)
PAYE, TZS 520,001 to 760,000TZS 20,000 plus 20% above TZS 520,000F0178YesCap. 332 First Schedule para 1(1)
PAYE, TZS 760,001 to 1,000,000TZS 68,000 plus 25% above TZS 760,000F0179YesCap. 332 First Schedule para 1(1)
PAYE, above TZS 1,000,000TZS 128,000 plus 30% above TZS 1,000,000F0180YesCap. 332 First Schedule para 1(1)
NSSF, private sector20% of wage; employee share not above 10%F0279Yes for leave taken; confirm for payment in lieuNSSF Act Cap. 50 s.12
Skills and Development Levy3.5% of gross emoluments, employers with 10 or more employees, due by the 7thF0276Yes, as part of gross emolumentsCap. 82 s.14
WCF employer contribution0.5% of gross monthly earnings, employer onlyF0281Yes, as part of gross earningsWorkers Compensation Act Cap. 263

A lump sum of leave pay lifts that month's PAYE because the bands are monthly. We have not confirmed whether NSSF treats a payment in lieu of leave as wage, so check with NSSF. Our PAYE and net salary guide covers the monthly calculation in full.

Worked example: paying out 10 untaken leave days on TZS 1,200,000

A Dar es Salaam company with 25 staff employs an accountant on a basic salary of TZS 1,200,000 a month, with no allowances. She resigns and her last day is 31 October 2026. At that date she has 10 days of annual leave not taken, made up of days left from the completed cycle and days accrued pro rata in the current one. The company and the employee each pay 10% NSSF.

Step 1: the daily rate. The ELRA and GN 47 of 2017 do not define a daily rate for leave pay. The method below is illustrative. Because annual leave runs in consecutive calendar days, we divide the monthly basic by 30 calendar days. That gives TZS 40,000 a day. Some employers divide by 26 working days, which gives TZS 46,154 a day. State the method in the leave policy and apply it to everyone.

Step 2: the leave pay. At TZS 40,000 a day, 10 days give TZS 400,000. On the 26-day method, 10 days give TZS 461,538, which is TZS 61,538 more.

Step 3: the final month's payroll, using the 30-day method and treating the leave pay as part of the NSSF wage:

LineSalary onlySalary plus leave payRegister ID
Gross pay for October 2026TZS 1,200,000TZS 1,600,000n/a
Employee NSSF at 10%TZS 120,000TZS 160,000F0279
Taxable payTZS 1,080,000TZS 1,440,000n/a
PAYE: TZS 128,000 plus 30% above TZS 1,000,000TZS 152,000TZS 260,000F0180
Net payTZS 928,000TZS 1,180,000n/a
Employer NSSF at 10%TZS 120,000TZS 160,000F0279
SDL at 3.5%TZS 42,000TZS 56,000F0276
WCF at 0.5%TZS 6,000TZS 8,000F0281

The leave pay of TZS 400,000 adds TZS 108,000 of PAYE and TZS 40,000 of employee NSSF. She keeps TZS 252,000 of it. The employer's extra on-costs are TZS 40,000 NSSF, TZS 14,000 SDL and TZS 2,000 WCF, a total of TZS 56,000. If NSSF does not treat the payment as wage, taxable pay becomes TZS 1,480,000 and PAYE becomes TZS 272,000.

What records must an employer keep?

Section 15(5) of Cap. 366 requires the employer to keep the written particulars of employment for five years after the employment ends. Section 96 requires a record of those particulars and of the remuneration paid, kept for the same five years. A leave record is the practical way to prove what was granted and paid. For each employee it should show:

Our guide to payroll records and retention periods sets out how long each record must be kept under each law.

How are leave disputes handled at the CMA?

A claim for unpaid leave pay is a labour dispute, referred first to the Commission for Mediation and Arbitration (CMA) for mediation and, if that fails, arbitration. In Tatu Mgetta and Another v Mwanza Satellite Cable TV, decided on 6 December 2022, the Court of Appeal applied a 60-day limit to salary arrears claims. It applied rule 10(2) of the Labour Institutions (Mediation and Arbitration) Rules, GN 64 of 2007. A late referral needs condonation.

Disputes about the fairness of a termination have a shorter limit under rule 10(1), so leave claims raised with an unfair termination claim should be filed early. An employer facing a CMA referral should file its record of leave granted and paid. Our guide to labour disputes at the CMA for employers covers the process.

Representation at the CMA and the Labour Court, and any legal opinion, is for an advocate. Zatra has an advocate on the team; Zatra itself prepares the records and coordinates the file.

How does leave work in Zanzibar?

Cap. 366 does not apply in Zanzibar. Employment there is governed by the Zanzibar Employment Act No. 11 of 2005, adopted on 27 September 2005 according to the ILO's NATLEX database. We could not read a reliable text of its leave sections, as the NATLEX copy is a scanned image, so we do not state Zanzibar day counts.

PointMainland TanzaniaZanzibar
Employment lawEmployment and Labour Relations Act, Cap. 366 R.E. 2019, as amended in 2025Employment Act No. 11 of 2005 (Zanzibar)
Leave day countsAs in the entitlements table aboveSet by the Zanzibar Act; confirm with the Zanzibar Labour Commissioner
2025 premature birth and unpaid leave rulesApply, through Act No. 4 of 2025Not applicable; the 2025 Act amends Mainland law
Public holidaysPublic Holidays Act, Cap. 35, and proclamationsConfirm the Zanzibar list, which includes days not observed on the Mainland
Dispute bodyCMA, then the Labour CourtZanzibar labour dispute machinery; confirm the forum with the Labour Commissioner or an advocate
Tax and contributions on leave payPAYE to TRA; NSSF, SDL and WCFZanzibar Revenue Authority (ZRA) and Zanzibar funds; confirm each body

Our note on Union and non-Union taxes explains which taxes the Union collects and which Zanzibar collects.

What to do now

  1. Fix the leave cycle. Decide whether each employee runs on a start-date cycle or an agreed standard cycle, and record the agreement under section 30(2).
  2. Update the leave policy. Add premature birth maternity leave, 7 days of paternity leave for a premature birth and the section 34A unpaid leave procedure.
  3. State the daily rate method. Choose calendar days or working days for leave pay and pro-rata accrual, and apply it to every employee.
  4. Clear old balances. List leave older than six months past its cycle and schedule it, or record the employee's consent and the operational reason for twelve months.
  5. Pay before leave starts. Run the leave pay in the payroll before the employee goes, as section 31(4) requires.
  6. Settle leave on every exit. Include untaken and pro-rata leave in the final pay under section 44(1), with PAYE, NSSF, SDL and WCF.
  7. Keep the records five years. Hold leave applications, certificates and payslips for five years after each employee leaves.
  8. Brief an advocate on any claim. If a former employee refers a leave claim to the CMA, have an advocate review the record and the 60-day limit.

Key dates and deadlines

The table applies the rules to an employee who started on 1 January 2025 and runs on a start-date cycle.

WhenDate in the exampleWhat happensBasis
Six months' service30 June 2025Paid leave entitlement beginsCap. 366 s.29(1)
End of first annual leave cycle31 December 202528 days due for the cycleCap. 366 s.30(1)(b)(i), s.31(1)
Six months after the cycle ends30 June 2026Latest date to take the 2025 leaveCap. 366 s.31(3)(a)
Twelve months after the cycle ends31 December 2026Latest date if the employee consented and operations justify itCap. 366 s.31(3)(b)
Monthly, by the 7th7 November 2026SDL on October pay, including leave payCap. 82 s.14 (F0276)
End of the 36-month cycle31 December 2027Sick, maternity, paternity and compassionate entitlements resetCap. 366 s.30(1)(b)(ii)
60 days after a leave pay dispute arisesVariesLast day to refer a claim to the CMA without condonationGN 64 of 2007 r.10(2)

How Zatra helps

Zatra's payroll compliance service runs leave accruals, leave pay, PAYE, NSSF, SDL and WCF each month, and prepares final pay on exit. Our HR consulting team drafts the leave policy, the contract clauses and the leave register. Recurring payroll fits the Finance and Tax Control package at USD 3,600 to 4,800 a year; a Senior Advisory Session at USD 49 suits a single question. Prices are on our pricing page.

Government charges follow the two-bucket rule. PAYE, SDL, NSSF and WCF are paid to TRA, NSSF and WCF at the official rate against their own control numbers. They are separate from Zatra's professional fee and are never marked up. The full schedule of official rates is in our government fees handbook.

The CMA, the Labour Court and the Labour Commissioner decide disputes and inspections. Zatra prepares and coordinates the file; it does not decide or guarantee any authority's outcome. Prosecution, disputes, court or tribunal work and legal opinions go to an advocate.

Sources and status

Accurate as at 7 October 2026.

Figures to confirm before you act

This article is general information based on official sources available at the date of publication. It is not legal, tax or financial advice. Laws and notices change. Verify with the issuing authority or consult Zatra before acting.

Frequently asked questions

Are the 28 days of annual leave working days or calendar days?

Section 31(1) grants 28 consecutive days and counts public holidays inside them, which points to calendar days. On a five-day week that is about 20 working days. A contract may grant more, for example 28 working days, but never less than the statute.

Does a probationary employee get annual leave?

Not under the Act if service is under six months, because section 29(1) excludes them from paid leave. Once six months pass, the leave cycle still runs from the start date, so the employer should accrue leave from day one in its records.

Can an employer make staff take leave during a shutdown?

Section 31(3) lets the employer decide when annual leave is taken, within the six-month limit after the cycle. A planned closure in December can therefore count as annual leave if the staff are paid for it in advance and the policy says so.

Is an employee on sick leave still accruing annual leave?

The Act counts the annual leave cycle in months of consecutive employment, and sick leave does not break employment. Annual leave therefore continues to accrue during paid sick leave. Section 31(5) also stops the employer from charging sick days to annual leave.

Does maternity leave reduce annual leave for that year?

No. Maternity leave is a separate entitlement under section 33, and section 31(5) bars an employer from making an employee take annual leave in place of it. The mother keeps her 28 days for the cycle.

Can annual leave be split into shorter periods?

The statutory right is to 28 consecutive days. Many employers allow staff to split leave at their own request, and the Act lets paid occasional leave reduce the total. Record each request in writing so the employer can show the split was the employee's choice.

Can unused sick leave be paid out on termination?

No rule requires it. Section 44(1) lists annual leave pay only. Sick leave is paid absence when ill, not a cash balance, unless the contract or a collective agreement says otherwise.

Sources & regulators

Verify before filing: Rates, forms and thresholds move by Finance Act, Government Notice and portal revision. Confirm the live schedule on the mandate-holder portal before you budget or submit. Law-firm alerts and Big Four notes are discovery only.

Brief the desk

This Insights page is orientation. Payroll compliance in Tanzania is the commercial desk for the same facts. Zatra’s fee stays on its own line, separate from government, bank and regulator charges. Approvals are not guaranteed.

Book a 20-minute file check PAYE and net salary in Tanzania

+255 788 466 212 · [email protected] · WhatsApp +255 747 912 965

Disclaimer

This article is informational orientation. It is not legal, tax or investment advice and not a government decision. Tanzanian instruments move by Act, Government Notice, Finance Act and portal revision. If a sentence here disagrees with the live mandate-holder, the mandate-holder wins. Zatra Consultants Limited does not issue licences, permits, tax clearances or approvals, and gives no assurance of any regulatory or banking outcome. Professional fees are published only on /pricing/.

Office Line +255 788 466 212
Ask Senior Desk on WhatsApp