A Contemporary Perspective to Maternity Leave Regulation: Comparison of Laws in Nigeria, The United Kingdom and Canada
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Date
2025-12
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Lead City University, Ibadan
Abstract
Maternity leave regulations are crucial for protecting the rights of working women during pregnancy and childbirth, ensuring their well-being and that of their new-borns. It is a critical aspect of labour law that ensures the protection of women's rights and promotes gender equality in the workplace. This study explores maternity leave regulation from a contemporary comparative perspective, focusing on Nigeria, the United Kingdom, and Canada. It seeks to analyze the legal and institutional frameworks governing maternity leave in these jurisdictions, assess their effectiveness in promoting gender equity and work-life balance, and identify lessons that can be drawn to inform policy reform. The thesis is grounded in Human Capital Theory and Institutional Theory. Human Capital Theory provides a lens through which the economic implications of maternity leave are understood, particularly how investments in women's health and family life translate into long-term workforce productivity and societal benefit. Institutional Theory, on the other hand, guides the analysis of how social norms, legal structures, and organizational behaviour shape maternity leave policies and their implementation within different national contexts. The interplay of these theories allows for a nuanced understanding of both the economic rationale and institutional constraints that influence maternity leave regulation. The research adopts a qualitative comparative legal methodology. It involves doctrinal analysis of statutes, regulations, and policy instruments, as well as secondary data from government reports, academic literature, international labour conventions, and case law. A cross-country comparative approach is employed to identify key similarities and divergences among the three countries regarding leave duration, eligibility, job protection, and the role of public versus private sector enforcement. Findings indicate that while the United Kingdom and Canada have made progress in providing comprehensive and inclusive maternity leave policies—characterized by relatively long leave periods, wage replacement, and strong legal protections—Nigeria’s framework remains underdeveloped, with
limited coverage, shorter leave duration, and weak enforcement mechanisms. In both the UK and Canada, institutional support systems such as employment insurance and government subsidies, play a central role in sustaining maternity leave, whereas Nigeria's regulatory environment lacks
such robust institutional backing. The study concludes that Nigeria’s maternity leave regime is inadequate for achieving gender parity and supporting maternal and child health. It recommends legal reform that expands the duration and inclusivity of maternity leave, incorporates parental leave provisions, and strengthens institutional accountability. The thesis underscores the importance of aligning legal norms with economic development goals and evolving social expectations regarding gender roles and family responsibilities.
Keywords: Maternity leave, Labour law, Gender equality, Workplace discrimination
Word Count: 405
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Keywords
Maternity leave, Labour law, Gender equality, Workplace discrimination
Citation
Kate Turabian