Maternity Leave in Nigeria: Your Complete Guide
Understanding your maternity leave rights is essential for every working Nigerian mum-to-be. This guide covers everything you need to know about maternity leave under Nigerian law, including how to apply, what pay you are entitled to, and how to protect your rights.
What the Nigerian Labour Act Says
The primary legislation governing maternity leave in Nigeria is the Labour Act (Cap L1, Laws of the Federation of Nigeria 2004), specifically Section 54. Here is a summary of the key provisions:
12 Weeks
Total maternity leave entitlement (84 days)
50% Pay Minimum
At least half of normal wages during leave
6 Weeks Before
Leave may begin 6 weeks before expected delivery
6 Weeks After
Minimum 6 weeks compulsory leave after delivery
Good to Know
Many private sector employers offer more generous packages than the statutory minimum. It is common for employers in banking, oil and gas, technology, and multinational companies to offer 3–6 months of maternity leave at full pay. Always check your employment contract and company policy.
Eligibility Requirements
To qualify for maternity leave under the Labour Act, you must meet the following conditions:
- 1Employment status: You must be a female employee working under a contract of employment (full-time or part-time).
- 2Minimum service: You should have been employed for at least 6 months before the expected delivery date. Some employers require 12 months.
- 3Medical certificate: You must present a medical certificate from a registered medical practitioner confirming the pregnancy and expected date of delivery.
- 4Notice to employer: You should notify your employer of your intention to take maternity leave, ideally at least 6 weeks before the expected delivery date.
How to Apply for Maternity Leave
Applying for maternity leave in Nigeria typically follows these steps:
Inform Your Employer Early
Notify your line manager and HR department about your pregnancy as soon as you are comfortable doing so. While there is no legal requirement for a specific timeframe, early notification helps with planning.
Obtain a Medical Certificate
Get a medical certificate from your doctor or midwife confirming your pregnancy and your estimated due date. Your antenatal care provider can issue this.
Submit a Formal Written Request
Write a formal maternity leave application letter to your HR department. Include your expected delivery date, proposed start date for leave, and expected return date. Attach the medical certificate.
Arrange a Handover
Prepare a thorough handover document for your responsibilities. Train a colleague or temporary replacement on your key tasks. This goodwill gesture helps ensure a smooth return to work.
Confirm Terms in Writing
Ensure you receive written confirmation of your maternity leave terms, including dates, pay arrangements, and any benefits continuation. Keep a copy for your records.
Employer Obligations
Nigerian employers have clear legal obligations regarding maternity leave:
- • Grant the full 12 weeks: Employers must grant the full statutory maternity leave period. Refusing or reducing the leave is a violation of the Labour Act.
- • Pay at least 50% of wages: The employer must continue to pay at least 50% of the employee's normal wages during the leave period.
- • No dismissal: It is unlawful to dismiss an employee because of pregnancy or maternity leave. This protection applies from the time the pregnancy is disclosed until the end of the leave period.
- • Job protection: The employee must be allowed to return to the same position or an equivalent role after maternity leave.
- • Nursing breaks: After the employee returns to work, the employer must provide two 30-minute nursing breaks daily during working hours.
- • No night work: Pregnant women and nursing mothers cannot be required to work at night (between 10 PM and 6 AM) under the Labour Act.
- • Medical care: Where the employer has a company clinic or health scheme, the pregnant employee should have access to pregnancy-related medical care.
If Your Rights Are Violated
If your employer refuses to grant maternity leave, withholds pay, or dismisses you because of pregnancy, you can file a complaint with the Federal Ministry of Labour and Employment or take legal action through the National Industrial Court of Nigeria. Document everything in writing and seek legal advice.
Paternity Leave in Nigeria
Unlike maternity leave, there is currently no federal law mandating paternity leave in Nigeria. However, the landscape is evolving:
Current Situation
- • No statutory provision under the Labour Act
- • Some employers voluntarily offer 1–2 weeks of paid paternity leave
- • Banks and financial institutions typically offer 2 weeks
- • Technology companies and multinationals often have more generous policies
- • Lagos State grants 10 working days of paternity leave to civil servants
What Fathers Can Do
- • Check your company's employee handbook for paternity leave provisions
- • Negotiate paternity leave as part of your employment terms
- • Use annual leave around the time of birth if no paternity leave is available
- • Discuss flexible working arrangements with your employer
Your Pregnancy Rights at Work
Beyond maternity leave, Nigerian law provides several protections for pregnant workers:
Protection From Dismissal
You cannot be dismissed, retrenched, or have your contract terminated because of your pregnancy. This includes probationary periods and contract renewals.
Right to Medical Leave
If pregnancy-related illness prevents you from working before or after maternity leave, you are entitled to sick leave with a medical certificate from your doctor.
Right to Return to Work
After maternity leave, you must be allowed to return to your job or an equivalent position with the same pay and conditions. Your employer cannot use your absence as a reason for demotion.
No Hazardous Work
Pregnant employees should not be assigned to hazardous work that could endanger their health or the health of their baby. This includes exposure to chemicals, excessive noise, or heavy lifting.
Frequently Asked Questions
How long is maternity leave in Nigeria?
Under the Nigerian Labour Act (Section 54), female employees are entitled to 12 weeks (84 days) of maternity leave. This is typically split as 6 weeks before the expected delivery date and 6 weeks after delivery. Some employers, particularly in the private sector, may offer longer leave as part of their company policy.
How much pay do I receive during maternity leave in Nigeria?
The Labour Act stipulates that women on maternity leave must receive at least 50% of their regular wages. However, many employers (especially in the formal sector, banks, and multinational companies) pay full salary during the entire maternity leave period. Check your employment contract or company handbook for your specific entitlement.
Can my employer sack me because I am pregnant?
No. It is illegal under Nigerian law to dismiss a woman because of her pregnancy or during her maternity leave. Section 54(1)(c) of the Labour Act protects women from dismissal on account of absence from work during maternity leave. If this happens to you, you can seek legal redress through the National Industrial Court of Nigeria.
Is there paternity leave in Nigeria?
There is currently no federal law mandating paternity leave in Nigeria. However, some employers (particularly banks, tech companies, and multinationals) offer between 1 and 2 weeks of paid paternity leave as part of their company policy. Some states, such as Lagos, have also introduced paternity leave provisions for civil servants.
Do I need a medical certificate to go on maternity leave?
Yes. The Labour Act requires a medical certificate from a registered medical practitioner indicating the expected date of delivery. This certificate should be presented to your employer at least 6 weeks before the expected delivery date. Your antenatal care provider can issue this certificate.
Does maternity leave apply to contract staff and informal workers?
The Labour Act applies to employees in the formal sector. Contract staff are generally covered if they have a valid employment contract. Unfortunately, women working in the informal sector (market traders, domestic workers, self-employed) do not have formal maternity leave protections, though various NGOs and government programmes are working to extend coverage.
Can I extend my maternity leave in Nigeria?
The statutory entitlement is 12 weeks. If you require additional time due to medical complications, you may be entitled to sick leave with a valid medical certificate. Some employers offer additional unpaid leave or allow employees to use their annual leave to extend the maternity period. Always discuss extension options with your HR department before your leave begins.
Am I entitled to nursing breaks after maternity leave?
Yes. The Labour Act provides for nursing breaks after returning to work. Female employees are entitled to two 30-minute breaks per day for nursing, in addition to regular break times. These nursing breaks should be counted as working hours and paid accordingly. This provision applies for at least 6 months after returning to work.
Medical Disclaimer
This tool is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult your healthcare provider with any questions about your pregnancy or health condition.