Maternity and parental leave in Nigeria: the law and a fair company policy
Maternity leave in Nigeria under the Labour Act, how Lagos and the public service differ, the state of paternity leave, and how to build a fair company policy.

Maternity and parental leave in Nigeria is a patchwork: a federal statutory minimum, more generous rules in Lagos and the public service, and paternity leave that exists in some places and not others. This guide untangles what the law requires, where the differences lie, and how to build a company policy that is both compliant and genuinely fair.
Under the Labour Act (Cap L1 LFN 2004), a woman is entitled to 12 weeks of maternity leave (six before and six after birth) and, if she has been continuously employed for at least six months, to not less than 50% of her wages during that leave. Nursing mothers are entitled to time off to nurse. Lagos State and the federal public service provide more generous leave and some paternity leave. Private employers should treat the Labour Act as a floor and build a clearer, fairer policy on top.
Maternity and parental leave at a glance
| Provision | Federal Labour Act (private sector) | More generous regimes |
|---|---|---|
| Maternity leave | 12 weeks (6 before + 6 after) | Lagos & federal public service extend this |
| Pay during leave | ≥50% of wages (if ≥6 months' service) | Public service often fuller pay |
| Nursing breaks | Time off to nurse (up to 6 months) | — |
| Paternity leave | Not provided federally for private sector | Lagos State and federal public service grant it |
Sources: Labour Act (Cap L1 LFN 2004), section 54; Lagos State public-service rules; Federal Government paternity-leave policy (public service).
1. The federal minimum (Labour Act)
The Labour Act sets the private-sector floor for maternity leave:
- A woman is entitled to 12 weeks' maternity leave — broadly six weeks before the expected date of birth and six weeks after.
- If she has been in continuous employment for at least six months, she is entitled to be paid not less than 50% of her wages during the leave.
- A nursing mother is entitled to time off during working hours to nurse her child (for up to six months after birth).
- The Act also protects against dismissal solely because a woman is absent on maternity leave.
This is a minimum. Many employers pay full salary and offer longer leave — the law does not stop you being more generous.
2. Where the rules are more generous
Two regimes go beyond the federal floor:
- The federal public service grants longer maternity leave (typically on full pay) and has introduced paternity leave for male civil servants (a set number of days for the first births).
- Lagos State provides more generous maternity leave in its public service and has introduced paternity leave as well.
These apply to public-sector employees in those regimes. Private employers aren't bound by them — but they set the benchmark employees increasingly expect, especially in Lagos.
3. The state of paternity leave
There is no federal statutory paternity leave for the private sector. Where paternity leave exists in Nigeria, it comes from specific regimes — the federal public service and states like Lagos. That means for most private employers, paternity leave is a policy choice, not a legal obligation. Offering a modest paternity allowance (for example, one to two weeks) is a low-cost way to stand out to talent and support new fathers.
4. Nursing and return to work
Beyond the leave itself, support the return:
- Honour the nursing-break entitlement — practical time and a private space for a nursing mother.
- Plan a phased or clearly-structured return, and keep the role open as the law requires.
- Handle the payroll correctly — leave pay, resumption date, and any accrued leave.
5. Building a fair company policy
Because the statutory floor is modest, a written maternity/parental policy is where good employers differentiate. Decide and document:
- Maternity leave length and pay — at least the Labour Act minimum; many pay full salary for the 12 weeks or longer.
- Paternity leave — whether you offer it, and how long.
- Eligibility and notice — service requirements and how much notice staff should give.
- Return-to-work support — nursing arrangements, flexibility.
A clear policy prevents ad-hoc decisions, treats employees consistently, and is a genuine recruitment and retention advantage.
AnooreHR lets you configure leave types — maternity, paternity, and any custom parental leave — with your own entitlements and pay rules, then tracks each employee's balance and handles the payroll impact automatically. Book a demo or sign up free to set up leave policies that fit your company.
Frequently asked questions
Frequently asked questions
How much maternity leave are women entitled to in Nigeria?
Is there paternity leave in Nigeria?
Can an employer dismiss a woman for taking maternity leave?
Related: Nigerian Labour Act leave entitlements 2026 · Employment contracts in Nigeria (+ free template) · See pricing
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