Job Protection

No Harmful Work

There are no specific legal provisions on protecting 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 position. 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 during any period of special maternity leave. A full time female worker cannot be dismissed by the employer for her absence due to sickness which is attributed to pregnancy or delivery and is confirmed by the medical certificate.

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 right to return to work is implicitly guaranteed under the law.

Source: §54(4) of the Labour Act (Cap L1 LFN 2004)

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