Understanding employee leave entitlements is crucial for businesses operating in Nigeria to ensure compliance and maintain positive employee relations. Nigerian labour law provides a framework for various types of leave, including annual vacation, public holidays, sick leave, and parental leave, setting minimum standards that employers must adhere to. While the Labour Act outlines the basic requirements, some entitlements may be enhanced through collective agreements or individual employment contracts.
Navigating these regulations requires careful attention to detail to ensure that employees receive their statutory benefits and that company policies align with national requirements. This includes understanding eligibility criteria, duration of leave, and payment obligations for each type of leave.
Annual Vacation Leave
Nigerian law mandates that employees are entitled to paid annual leave after a certain period of continuous service. The specific entitlement varies based on the type of worker.
- Workers (excluding young persons): Entitled to a minimum of 12 working days of paid leave after 12 months of continuous service.
- Young Persons (under 16 years): Entitled to a minimum of 6 working days of paid leave after 12 months of continuous service.
Leave should be granted within 6 months of becoming due, unless otherwise agreed. It is generally not permissible to pay an employee in lieu of granting annual leave, except upon termination of employment.
| Leave Type | Entitlement (Minimum) | Pay | Conditions |
|---|---|---|---|
| Annual Leave | 12 working days | Full Pay | After 12 months continuous service (adults) |
| Annual Leave | 6 working days | Full Pay | After 12 months continuous service (under 16) |
Public Holidays
Nigeria observes several public holidays throughout the year. Employees are generally entitled to a day off with full pay on these gazetted public holidays. If an employee is required to work on a public holiday, they are typically entitled to receive premium pay (often double the normal rate).
Public holidays in Nigeria include both fixed-date holidays and movable holidays whose dates vary each year.
| Holiday Name | Typical Date (2025) | Type |
|---|---|---|
| New Year's Day | January 1 | Fixed |
| Good Friday | April 18 | Movable |
| Easter Monday | April 21 | Movable |
| Workers' Day | May 1 | Fixed |
| Democracy Day | June 12 | Fixed |
| Eid al-Fitr | Varies | Movable |
| Eid al-Adha | Varies | Movable |
| Independence Day | October 1 | Fixed |
| Eid Milad un Nabi | Varies | Movable |
| Christmas Day | December 25 | Fixed |
| Boxing Day | December 26 | Fixed |
Note: Dates for movable holidays like Eid al-Fitr, Eid al-Adha, and Eid Milad un Nabi are determined by the sighting of the moon and are announced by the government closer to the time.
Sick Leave
Employees in Nigeria are entitled to sick leave, provided certain conditions are met. The Labour Act stipulates that an employee is entitled to sick leave with pay for a limited period.
- Entitlement: Up to 12 working days of sick leave per year.
- Pay: Full pay for the first 7 days of absence due to sickness, and half pay for the next 7 days.
- Conditions: The employee must have completed at least 6 months of continuous service. The absence must be certified by a registered medical practitioner.
Employers may require employees to follow specific procedures for reporting sickness and submitting medical certificates.
| Leave Type | Entitlement (Maximum) | Pay | Conditions |
|---|---|---|---|
| Sick Leave | 12 working days/year | Full pay (first 7 days) | After 6 months service, medical certificate |
| Half pay (next 7 days) |
Parental Leave
Parental leave provisions in Nigeria primarily focus on maternity leave for female employees. While there is no statutory entitlement to paternity or adoption leave under the Labour Act, some employers may offer such leave based on company policy or collective agreements.
- Maternity Leave: Female employees are entitled to 16 weeks of maternity leave. This typically includes up to 4 weeks before the expected date of confinement and at least 12 weeks after.
- Pay: Maternity leave is fully paid, provided the employee has been employed for a period of at least 6 months before the leave commences.
- Conditions: A medical certificate from a registered medical practitioner stating the expected date of confinement is required. An employee is not permitted to work during the 6 weeks following confinement.
| Leave Type | Entitlement (Minimum) | Pay | Conditions |
|---|---|---|---|
| Maternity Leave | 16 weeks | Full Pay | After 6 months service, medical certificate, includes 6 weeks post-confinement |
| Paternity Leave | None (Statutory) | Varies | Often based on company policy or agreement |
| Adoption Leave | None (Statutory) | Varies | Often based on company policy or agreement |
Other Leave Types
Beyond the statutory entitlements, employees in Nigeria may be eligible for other types of leave based on employer policy, collective bargaining agreements, or specific circumstances. These are not typically mandated by the Labour Act but are common practices in many organizations.
- Bereavement Leave: Granted to employees upon the death of a close family member. The duration is usually short, typically 3-5 days, and is often paid.
- Study Leave: Provided to employees pursuing further education or professional development relevant to their role or industry. This can be paid or unpaid and the duration varies significantly depending on the employer's policy and the nature of the study.
- Sabbatical Leave: More common in academic or research institutions, allowing employees an extended period of leave (e.g., 6-12 months) after several years of service for research, writing, or rest. Terms (paid or unpaid) vary widely.
- Examination Leave: Some employers grant leave for employees to sit for professional or academic examinations.
These additional leave types demonstrate an employer's commitment to employee well-being and development, contributing to retention and morale. Policies for these types of leave should be clearly defined in the employee handbook or employment contract.
