Nigeria’s Maternity Protection Laws and Policies

This page outlines the rights and protections provided to working mothers in Nigeria, empowering women to understand and advocate for their maternity rights confidently.

Current Maternity Protection Laws

Nigeria’s Labour Act, Chapter L1, Laws of the Federation of Nigeria 2004 provides several provisions regarding maternity leave for women workers in the country:

  • Maternity leave in Nigeria is recognized by law to be 12 weeks for all employees. However, in recent times, the Federal Government of Nigeria has increased maternity leave for its employees to 16 weeks, although most private establishments adhere to the 12-week provision. This indicates that while the statutory provision is for 12 weeks of maternity leave, employees in the federal civil service may be entitled to an extended period of 16 weeks​.

  • Women who have been continuously employed by their employer for a period of six months or more immediately prior to their absence due to maternity leave are entitled to be paid not less than fifty percent of the wages they would have earned if they had not been absent​.

  • Regardless of the duration of employment, if a woman is nursing her child, she is allowed half an hour twice a day during her working hours for this purpose​.

  • Employers are not liable, in their capacity as employers, to pay any medical expenses incurred by a woman during or on account of her pregnancy or confinement.

  • Employers cannot give notice of dismissal to a woman who is absent from work due to maternity leave or due to illness arising from pregnancy or confinement and certified by a registered medical practitioner, until her absence has exceeded a prescribed period. This protection ensures that women cannot be unfairly dismissed for reasons related to pregnancy or childbirth​.

Updates

Since 2009, Nigerian labor legislation has provided female public sector employees with 16 weeks of maternity leave, including full pay, and allocates two hours off-duty each workday upon their return to facilitate breastfeeding or expressing breastmilk. Although the Public Service Rules have undergone revision to encompass this 16-week maternity leave provision for public sector workers, the law itself remains unchanged. Additionally, in 2014, the Lagos State government augmented maternity leave for its public sector employees from three months to six months, offering full pay during this extended period. Furthermore, the government approved a 10-day paternity leave for male civil servants.

The commitment to enhancing breastfeeding practices was underscored by the unveiling and signing of the Abuja Breastfeeding Declaration during a high-level policy dialogue in June 2016. This declaration commits Nigeria to prioritizing key policy and program initiatives outlined in The Lancet Breastfeeding Series. At this pivotal event, both the Ministers of Health and Labour expressed their endorsement for implementing six months of paid maternity leave across Nigeria. Subsequently, Ekiti and Enugu States have followed suit by declaring a six-month maternity leave for female civil servants. Despite these significant strides, it's worth noting that these recent extensions in maternity leave primarily benefit women in the public sector, leaving out a considerable portion of working, nursing mothers in the private sector.