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Nigeria - Maternity protection - 2011


LAST UPDATE

18 August 2011.

SOURCES


Name of Act

Labour Act,
Decree No. 21 of 1974, dated 29 May 1974 (Official Gazette, No. 28, Supplement, 6 June 1974), as amended up to 31 December 1989 (Official Gazette, 1989)

MATERNITY LEAVE


Scope

In any public or private industrial or commercial undertaking or any branch thereof, or in any agricultural undertaking or any branch thereof, a woman-
(a) shall have the right to leave her work if she produces a medical certificate given by a registered medical practitioner stating that her confinement will probably take place within six weeks;
(b) shall not be permitted to work during the six weeks following her confinement;
(c) if she is absent from her work in pursuance of paragraph (a) or (b) of this subsection and had been continuously employed by her then employer for a period of six months or more immediately prior to her absence, shall be paid not less than fifty per cent of the wages she would have earned if she had not been absent;

Excluded are women employed other than for the purposes of the employer’s business; women exercising administrative, executive, technical or professional functions as public officers or otherwise; women who are members of the employer’s family; representatives, agents and commercial travellers in so far as their work is carried on outside the permanent workplace of the employer’s establishment; homeworkers; or any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
Labour Act §54(1)a), b) and c) and 91

Qualifying conditions

Production of a medical certificate given by a registered medical practitioner stating that the confinement will probably take place within six weeks
Labour Act §54(1)

Duration


Compulsory leave

In any public or private industrial or commercial undertaking or any branch thereof, or in any agricultural undertaking or any branch thereof, a woman-
(b) shall not be permitted to work during the six weeks following her confinement;
Labour Act §54(1), b)

General total duration

In any public or private industrial or commercial undertaking or any branch thereof, or in any agricultural
undertaking or any branch thereof, a woman-
(a) shall have the right to leave her work if she produces a medical certificate given by a registered medical practitioner stating that her confinement will probably take place within six weeks;
(b) shall not be permitted to work during the six weeks following her confinement;
Labour Act §54(1) a), b)
Historical data (year indicates year of data collection)
  • 2009: Twelve weeks
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Leave in case of illness or complications

Unspecified period as a result of illness arising out of pregnancy or confinement.
Labour Act §54(4)(b)

CASH BENEFITS


Maternity leave benefits


Scope

In any public or private industrial or commercial undertaking or any branch thereof, or in any agricultural undertaking or any branch thereof, a woman-
(a) shall have the right to leave her work if she produces a medical certificate given by a registered medical practitioner stating that her confinement will probably take place within six weeks;
(b) shall not be permitted to work during the six weeks following her confinement;
(c) if she is absent from her work in pursuance of paragraph (a) or (b) of this subsection and had been continuously employed by her then employer for a period of six months or more immediately prior to her absence, shall be paid not less than fifty per cent of the wages she would have earned if she had not been absent;
Labour Act §54(1)(a)(b)(c)

Qualifying conditions

Continuous employment for six months or more immediately prior to the commencement of maternity leave
Labour Act §54(1)(c)

Duration

For the period of maternity leave (12 weeks)

In any public or private industrial or commercial undertaking or any branch thereof, or in any agricultural undertaking or any branch thereof, a woman-
c) if she is absent from her work in pursuance of paragraph (a) or (b) of this subsection and had been continuously employed by her then employer for a period of six months or more immediately prior to her absence, shall be paid not less than fifty per cent of the wages she would have earned if she had not been absent;
Labour Act §54(1)c)
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Amount

In any public or private industrial or commercial undertaking or any branch thereof, or in any agricultural undertaking or any branch thereof, a woman-

(c) if she is absent from her work in pursuance of paragraph (a) or (b) of this subsection and had been continuously employed by her then employer for a period of six months or more immediately prior to her absence, shall be paid not less than fifty per cent of the wages she would have earned if she had not been absent;
Labour Act §54(1)c)
Historical data (year indicates year of data collection)
  • 2009: Fifty per cent of wages
  • 2004: Fifty percent
  • 1998: Fifty percent
  • 1994: Fifty percent

Financing of benefits

In any public or private industrial or commercial undertaking or any branch thereof, or in any agricultural undertaking or any branch thereof, a woman-

(c) if she is absent from her work in pursuance of paragraph (a) or (b) of this subsection and had been continuously employed by her then employer for a period of six months or more immediately prior to her absence, shall be paid not less than fifty per cent of the wages she would have earned if she had not been absent;
Labour Act §54(1)c)
Historical data (year indicates year of data collection)
  • 2009: Employer
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

In any public or private industrial or commercial undertaking or any branch thereof, or in any agricultural undertaking or any branch thereof, a woman-

d) shall in any case, if she is nursing her child, be allowed half an
hour twice a day during her working hours for that purpose.
Labour Act §54(1)d)

HEALTH PROTECTION


Arrangement of working time


Night work

(1) Subject to this section, no woman shall be: employed on night work in a public or private industrial undertaking or in any branch thereof, or in any agricultural undertaking or any branch thereof.

(3) In this section, "night" means-
(a) as respects industrial undertakings, a period of at least eleven (or, where an order under subsection (4) below applies, ten) consecutive hours including the interval between ten o’clock in the evening and five o’clock in the morning; and
(b) as respect agricultural undertakings, a period of at least nine consecutive hours including the interval between nine o’clock in the evening and four o’clock in the morning.
Labour Act §55(1)(3)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Protection from discriminatory dismissal

(4) Where a woman-
(a) is absent from her work in pursuance of subsection (1) (a) or (b) of this section; or
(b) remains absent from her work for a longer period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement and to render her unfit for work, then, until her absence has exceeded such a period (if any) as may be prescribed, no employer shall give her notice of dismissal during her absence or notice of dismissal expiring during her absence.
Labour Act §54(4)

Results generated on: 02nd October 2014 at 18:35:10.
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