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Maternity Leave and Workplace Rights in Nigeria: What the Labour Act and Courts Say

Maternity leave is a vital workplace right in Nigeria. It ensures women can take time off before and after childbirth without fear of losing their jobs or being discriminated against. The Labour Act (Cap L1, LFN 2004) provides the statutory framework for maternity leave, while Nigerian courts have reinforced these protections through landmark decisions.

This article explains the law, case precedents, and practical steps employees and employers should know.

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Maternity Leave Under the Nigerian Labour Act

Maternity leave is governed by Sections 54–56 of the Labour Act:

• Section 54(1): A female employee is entitled to 12 weeks of maternity leave (6 weeks before birth, 6 weeks after). If she has worked for at least 6 months with her employer, she is entitled to 50% of her wages during this period.
• Section 54(4): If illness arises from pregnancy or childbirth, she is entitled to extended leave as certified by a doctor.
• Section 54(5): It is unlawful to dismiss a woman because she is pregnant or on maternity leave.
• Section 54(6): The employee has the right to return to her job or an equivalent role after maternity leave.
• Section 55: Pregnant women cannot be required to perform work harmful to their health or the baby’s well-being.
• Section 56: Nursing mothers are entitled to two 30-minute breaks daily for breastfeeding.

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Public vs. Private Sector Differences

• Public Sector (Civil Service): Many states and the federal service now grant 16 weeks maternity leave with full pay, along with breastfeeding breaks for up to 6 months.
• Private Sector: Most employers follow the Labour Act’s 12 weeks with 50% pay, though some forward-looking companies offer more generous benefits.

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Paternity Leave in Nigeria

While the Labour Act does not cover paternity leave, some states such as Lagos and Enugu now grant male civil servants 10 days paternity leave, reflecting growing recognition of shared childcare roles.

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Case Law on Maternity Rights in Nigeria

Court rulings have reinforced the statutory rights of mothers:

1. Okunbowa v. Group Consultants Nigeria Project Adviser (Nig.) Ltd

• The employee was dismissed while on maternity leave despite providing medical certification.
• The court held that dismissal was wrongful, awarding back pay and damages.
• Key Takeaway: Even if a contract does not mention maternity benefits, Section 54 of the Labour Act applies.

2. Mrs. Folarin Oreka Maiya v. Clinton Health Access Initiative (2012)

• A woman was terminated after applying for maternity leave.
• The National Industrial Court (NICN) ruled in her favor, calling the dismissal an unfair labour practice.
• Key Takeaway: Terminating employment for reasons of pregnancy is discrimination and unlawful.

3. NICN Ruling on Disciplinary Proceedings During Maternity Leave

• A female federal worker was subjected to disciplinary proceedings while on maternity leave.
• The NICN held that this was improper, as maternity leave is a protected period free from such actions.
• Key Takeaway: Employers must respect maternity leave as uninterrupted time for recovery and childcare.

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Workplace Rights and Employer Duties

Employees’ Rights:

• Job security during and after maternity leave.
• Protection from unfair dismissal.
• Entitlement to pay (50% or full pay, depending on employer and sector).
• Breastfeeding breaks during work hours.

Employers’ Responsibilities:

• Grant statutory maternity leave.
• Ensure safe working conditions for pregnant employees.
• Avoid discriminatory practices against women.
• Respect court rulings reinforcing maternity protections.

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Challenges Nigerian Women Still Face

Despite the law and judicial support, women often face:

• Pressure to resign after childbirth.
• Denial of maternity benefits in private organizations.
• Workplace discrimination in hiring or promotions.
• Lack of awareness of their statutory and judicially enforced rights.

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Final Thoughts

Maternity leave in Nigeria is not a privilege — it is a right protected by Sections 54–56 of the Labour Act and upheld by Nigerian courts. The case law makes it clear: employers cannot sidestep the law or punish women for pregnancy and childbirth.

By knowing the law and relevant court precedents, women can better protect their rights, while employers can avoid legal liability and build fairer, family-friendly workplaces.

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