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The short answer
Under section 54 of the Labour Act, a woman may stop work six weeks before her expected delivery and may not work for six weeks after it, so 12 weeks in total, and if she has worked for the employer for six months or more she must be paid at least 50% of her wages during that time. Federal public servants have had 16 weeks since 2018, and Lagos State announced six months on full pay for its own workers in 2014.
The Labour Act rule
Section 54(1) of the Labour Act applies to women in public or private industrial, commercial or agricultural undertakings. It provides that a woman:
- has the right to leave work on producing a medical certificate that her confinement will probably take place within six weeks;
- shall not be permitted to work during the six weeks following her confinement;
- if absent for either reason and continuously employed by that employer for six months or more beforehand, shall be paid not less than 50% of the wages she would otherwise have earned; and
- if nursing her child, shall be allowed half an hour twice a day during working hours for that purpose.
Six weeks before plus six weeks after gives the 12 weeks most people quote. Section 54(2) says the 50% pay rule applies regardless of any minimum wage law, so a reduced maternity payment can fall below the minimum wage for that period.
Two protections employers overlook
- No dismissal during the leave. Section 54(4) says no employer shall give her notice of dismissal during her absence, or notice that expires during it. This extends to a longer absence certified by a doctor as arising from the pregnancy or confinement, until any prescribed period runs out.
- Medical costs. Section 54(3) says the employer is not liable, as employer, for her medical expenses during pregnancy or confinement. Health insurance usually fills that gap; see staff health insurance under the NHIA Act.
Public service and state rules
| Who | Maternity leave | Source and date |
|---|---|---|
| Workers under the Labour Act | 6 weeks before + 6 weeks after; at least 50% pay with 6+ months' service | Labour Act, s.54 |
| Federal public servants | 16 weeks (raised from 12 in 2018) | ICIR, 29 Nov 2022 |
| Lagos State public servants | Six months on full pay, first two deliveries only (announced 2014) | Kayode Ketefe, 24 Jul 2014 |
| Oyo State public servants | Six months (approved by the governor) | ICIR, 29 Nov 2022 |
The Lagos and Oyo policies apply to those states' own employees, not to private businesses in those states. Check the current circular with the state's Head of Service if you rely on them, as we could not open the original documents.
Paternity leave
The Labour Act has no paternity leave. A federal circular of 25 November 2022 gave federal public servants 14 days, once in two years and for up to four children, including adoption of a child under four months, as ICIR reported. Lagos approved ten working days for its workers in 2014. For private employers, see paternity leave in the private sector.
What a private employer must pay: worked example
- Weekly wage: ₦150,000 × 12 ÷ 52 = ₦34,615.38.
- Twelve weeks' full wages: ₦34,615.38 × 12 = ₦415,384.62.
- Labour Act minimum (50%): ₦207,692.31 for the 12 weeks.
- If her contract promises full pay for 12 weeks, she gets ₦415,384.62; the contract wins where it is better than the Act.
If she had been employed for less than six months, the Act's pay rule would not apply, though her right to the leave and the ban on dismissal still would. Pension and PAYE continue on whatever is actually paid; our payroll checklist covers both.
Who the Act does not cover
The Labour Act protects "workers", and its definition excludes people exercising administrative, executive, technical or professional functions. Many managers and professionals therefore rely on their contracts rather than section 54. Employers are free to offer more than the Act, and some choose to match the federal 16 weeks; put the policy in writing either way.
Planning the cost
For a small business, the hard part is often not the pay but covering the work. Budget for both: the maternity pay you have promised, and a temporary hire, overtime or redistribution of tasks for the weeks she is away. Agree early whether she will take accrued annual leave before or after the maternity period, since the Labour Act treats the two separately. Writing all this down months ahead avoids rushed decisions in the final weeks of pregnancy.
Steps for employers
- Write a maternity policy: length, pay, and how notice of the pregnancy is given.
- Ask for the medical certificate when she plans to start leave before the birth.
- Agree a handover and who covers the role.
- Pay at least the Act's 50%, or whatever the contract promises if higher.
- Do not issue any dismissal or redundancy notice during the leave.
- On return, schedule the two half-hour nursing breaks a day while she is nursing.
Where Pryme fits
For an employer, Pryme payroll can pay a reduced maternity rate for the weeks it applies. For a parent-to-be, a Savings Box is a simple way to set money aside for the months when pay may be lower.
Questions people ask
How many weeks is maternity leave in Nigeria?
The Labour Act gives six weeks before and six weeks after birth, 12 weeks in total. Federal public servants get 16 weeks. Your contract may give more.
Is maternity leave paid in Nigeria?
Under the Labour Act, yes, at not less than 50% of wages if you have worked for the employer for six months or more. Many employers pay in full under their contracts.
Can I be sacked while on maternity leave in Nigeria?
Section 54(4) of the Labour Act bars an employer from giving notice of dismissal during the absence, or notice that expires during it.
Is it six months maternity leave in Lagos?
Lagos State announced six months on full pay for its own employees in 2014, for the first two deliveries. It does not bind private employers in Lagos.
Sources
- Labour Act, Cap. L1, Laws of the Federation of Nigeria 2004 (PLAC text) · accessed Oct 2026
- ICIR: Nigerian government approves paternity leave for workers (29 Nov 2022) · accessed Oct 2026
- Kayode Ketefe: Lagos maternity/paternity leave and Nigerian workers (24 Jul 2014) · accessed Oct 2026
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