Job Protection
No Harmful Work
There are no specific legal provisions on protecting the health and safety of pregnant workers. Women are generally not allowed to work at night except those who are employed as nurses and those holding managerial positions. Night means a period of eleven or more consecutive hours that includes the interval between 22:00 to 05:00 (in case of industrial undertaking) or a period of nine or more consecutive hours that includes the interval between 21:00 to 04:00 (in case of agricultural undertaking).
Source: §55(1-3) of the Labour Act (Cap L1 LFN 2004)
Protection from Dismissals
It is not lawful for the employer to dismiss a pregnant worker, an employee who has recently given birth, or an employee during any period of special maternity leave. A full-time female worker cannot be dismissed by the employer for her absence due to sickness that is attributed to pregnancy or delivery and confirmed by the medical certificate. Any termination linked to pregnancy or maternity leave is considered unlawful and can be challenged at the National Industrial Court of Nigeria (NICN).
Source: §54(4) of the Labour Act (Cap L1 LFN 2004)
Right to Return to Same Position
There is no legal provision regarding right to return to the same position after availing maternity leave. However, it is mentioned that a worker cannot be dismissed during the term of her maternity leave, which means that the right to return to work is implicitly guaranteed under the law and that workers cannot be penalised for taking maternity leave.
Source: §54(4) of the Labour Act (Cap L1 LFN 2004)
