Maternity and Work
Maternity Leave
Female workers are entitled to twelve (12) weeks of maternity leave, to cover the pre and post maternity period. Out of this twelve-week period, six weeks of leave are taken after delivery. Maternity leave may begin six weeks before delivery after providing a medical certificate from a registered practitioner, confirming that the confinement may take place within six weeks. Maternity leave can be extended in case of illness, certified by the registered medical practitioner, that arises out of pregnancy or confinement and makes her unfit for work.
Source: §54(1-4) of the Labour Act (Cap L1 LFN 2004)
Income
Workers on maternity leave with at least six months of continuous service with the employer are entitled to receive at least 50% of their normal wages up to 12 weeks (6 weeks before and 6 weeks after the expected date of childbirth). The employer makes payment during maternity leave.
Casual or temporary workers who do not meet the above threshold may not be entitled to paid maternity leave under the Labour Act, though employers may offer discretionary benefits.
While the Labour Act provides for extended leave on medical grounds (due to health complications related to pregnancy or childbirth), it does not clearly say that such leave is paid. The issue is left to the discretion of the employer or terms of the employment contract or provisions of the collective agreement.
Source: §54(1) of the Labour Act (Cap L1 LFN 2004)
Free Medical Care
The employer is not obliged to provide medical care for pregnant workers. It is not the duty of an employer to pay any expenses related to pregnancy and confinement of the worker. Prior to recruitment, every worker must be medically examined by a registered medical practitioner at the expense of the employer.
The maternity care is provided to insured worker employed continuously for at least six months by the same employer on provision of a medical certificate. Maternity care is provided for up to four live births. The scheme is managed by the National Health Insurance Scheme.
According to the National Health Insurance Authority Act, the government provides free health coverage for vulnerable persons, including pregnant workers under state health insurance and contributory schemes. No premiums are required for this coverage. However, individuals with private health insurance are not eligible for free benefits. A Vulnerable Group Fund is established to finance health care services for vulnerable persons. Funding comes from the Basic Health Care Provision Fund, health insurance levies, government allocations, investments, and donations. State health schemes manage the fund’s disbursement, ensuring access to basic health care. A temporary third-party administrator may be appointed when a state lacks a health scheme.
Sources: §54(3) of the Labour Act (Cap L1 LFN 2004); ISSA Country Profile for Nigeria; §13(7), 14 & 24-30 of the National Health Insurance Authority Act, 2022
Regulations on Maternity and Work
- Labour Act (Cap L1 LFN 2004)
- National Health Insurance Authority Act, 2022
