FEMALE PUBLIC SERVANTS
SECTION 1 - GENERAL
SECTION 2 - EMPLOYMENT OF MARRIED WOMENT
SECTION 3 - RULES RELATING TO PREGNANCY
SECTION 1 – GENERAL
Interpretation
**03101 **- Married woman means a woman who is married under the Marriage Act, Islamic Law or Customary Law and a woman separated from her husband but does not include a widow or a woman divorced from her husband.
03102 - Nigerian married woman includes an expatriate woman married to a Nigerian husband provided she has formally acquired Nigerian citizenship.
03103 - Notwithstanding that through these rules the terms 'officer' and 'staff are referred to in the masculine gender, the provisions thereof apply equally to female public servants except that:
(a) Provisions about wives of staff do not normally apply to the husbands of female public servants unless where the former are incapacitated by illness or old age, or are unemployed.
(b) A child is not normally entirely dependent on a female Public Servant unless the father of the child is dead or she is divorced from him and has been awarded legal custody of the child without a maintenance order.
SECTION 2 - EMPLOYMENT OF WOMEN
Appointment
03201 - (a) Nigerian women whether married or not may be admitted to the permanent establishment in those grades of the Abia State Public Service for which they are qualified, on equal terms with men.
(b) Non-Nigerian women whether married to Nigerians or not who are professionally, academically, or technically qualified are eligible for contract terms of appointment in respect of posts graded in salary grade level 07 and above.
Notification of marriage
03202 - A female staff who marries while in the public service must immediately notify her Permanent Secretary/Head of Extra- Ministerial Department of her marriage (whether under the Marriage Act, according to Islamic Law or according to Customary Law).
03203 - A non-Nigerian woman who marries a non-Nigerian citizen must resign her appointment and shall, by so marrying, be deemed to have resigned with effect from the day immediately preceding the marriage.
03204 - A woman officer required to resign in accordance with Rule 03203 may be re-engaged on temporary agreement without inducement addition on month-to-month terms with effect from the date she assumes duty. If such re-engagement is approved, the salary of the officer for the period of her re-engagement will be the same basic salary, with Incremental date unchanged, as she enjoyed prior to marriage.
SECTION 3 - RULES RELATING TO PREGNANCY
Maternity Leave
03301 - A female staff who is pregnant is entitled to 16 weeks maternity leave at a stretch with full pay. A medical certificate showing the expected date of conferment must be presented not less than two months before that date. The annual leave for that year will however, be regarded as part of the maternity leave. Where this annual leave has already been enjoyed before the grant of maternity leave that part of the maternity leave equivalent to the annual leave will be without pay.
Postponement of disciplinary
03302 - Any proceedings against a female staff which might otherwise have been taken during the period of her maternity leave shall be postponed until her maternity leave has expired. Such postponements, however, shall not in any way prejudice the proceeding against her.
Interruption of training course
03303 - Any female civil servant who is about to undertake a course of training of not more than six months duration shall be called upon to enter into an agreement to refund the whole or part of the cost of the course in the event of her course being interrupted on grounds of pregnancy.
03304 - No female civil servant shall be required to resign her appointment or retire by reason of pregnancy alone, but if her condition interferes with the efficient performance of her duties, she may be posted elsewhere.
Time off for nursing mothers
03305 - Any female civil servant who is nursing a child shall be granted an hour off-duty everyday. This facility shall be granted up to a maximum period of six months from the date she resumes duty.
Maternity leave for unmarried mothers
03306 - Unmarried mothers are entitled to maternity leave without pay. This means eight weeks before and eight weeks after confinement. This is without prejudice to the normal annual leave entitlement of an officer concerned which should be with pay. Where the annual leave has already been enjoyed prior to the grant of maternity leave, the entire sixteen (16) weeks will be without pay.
03307 - Any female civil servant who adopts a baby of not more than two weeks old is entitled to maternity leave with pay. This provision is subject to the production of documents confirming the, age of the child at the time of adoption.
APPENDIX 3
CONTRACT AGREEMENT FOR EXPATRIATE WOMEN
MARRIED TO NIGERIANS
ABIA STATE GOVERNMENT OF NIGERIA
Form
AN AGREEMENT made the………………………………………………………….day of............................. 20................. BETWEEN the Permanent Secretary, Abia State Civil Service Commission, Umuahia (hereinafter referred to as "the Permanent Secretary"), acting on behalf of the Government of the Abia State Government of Nigeria (Thereinafter referred to as "the Government) on the one part and (hereinafter referred to as "the person engaged") of the other part -
WHEREBY IT IS AGREED AS FOLLOWS:
- The person engaged undertakes that she will diligently and faithfully perform the duties.........................................for the term of her engagement, and will act in all respects according to the instructions and directives given to her by the Government through the Permanent Secretary/Head of Extra- Ministerial Department or other duly authorized officers.
- The basic salary of the officer is at the …………………………………….. Naira (₦......................) a year, rising by annual increment to Naira (₦………..................) a year in Grade Level (10%, 15% contract
addition). The person engaged shall, however, commence to draw her basic salary at the rate of .................... Naira (₦……................) a year.
- This agreement is subject to the conditions set forth in the schedule attached hereto, and the schedule shall be read and construed as part of this Agreement.
- Nothing in this Agreement shall be interpreted in accordance with the laws of Nigeria.
Signed by.........................................................................................................................................................
On behalf of the Permanent Secretary in the presence of.............................................................................................................................................................................................................................................................................................................................................
Occupation......................................................................................................................................................
signed by.........................................................................................................................................................
in the presence of………………………………………………………………………………………………………………………………………
Sign here across a N5 Revenue and Postage Stamp
Signature.........................................................................................................................................................
Address of the witness....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Occupation......................................................................................................................................................
SCHEDULE
Term of engagement.
1(i) The term of the engagement of the person engaged is ……………………………………………….. years, commencing from the date of assumption of duty.
(ii)The term of the engagement shall be deemed to be completed on the data on which any leave granted to the person engaged in respect of such tour ( ) of service years expires.
Duties.
2(i) The duties of the person engaged shall include the usual duties of the office to which she is appointed and any other duties which the Government may call upon her to perform. The person engaged shall reside in such place and occupy herself in such a manner as the Government, through its duly authorized officers, shall direct, and she will not, either directly or indirectly be engaged in or concerned with any other services or business whatsoever or receive commissions or profits of any kind, but will devote the whole of her time and attention to the service of the Government. She will conform to the Public Service Regulations of the Government.
Salary
3(i) The term "Salary" wherever it appears in this schedule (except in clause 4) shall be deemed to include contract addition where this is payable under the Agreement.
- Increments of salary, if any, shall be calculated as from the first day of the month in which the person engaged takes up her appointment.
- Increments of salary shall not be granted unless the efficiency, conduct and diligence of the person engaged during the year immediately preceding have been satisfactory. An increment shall not be withheld except on the decision/recommendation to that effect by the Permanent Secretary/Head of Extra- Ministerial Department.
- The salary of the person engaged may be liable to deduction under clause 4.
Quarters
- Government quarters will be provided when available in respect of which the person engaged shall be required to pay rent at the rate of five percent (5%) of basic salary. In this clause the term "basic salary" shall be deemed to include acting allowance.
That is such officers shall be paid their rent subsidy at the approved rate less 5%.
If quarters up to the standard normally provided for officers of her grade are not available or if the person engaged is required to share, rent shall be payable at reduced rate. The person engaged shall also be required to meet the usual charges in respect of rates and similar out-goings.
Travel Allows
- When traveling on duty away from her duty post, the person engaged shall be subject to such regulations with regard to the provisions of transport and traveling allowance as the Government may decide.
Ill - health
6(i) If the person engaged is compelled by ill – health (not caused by her own negligence) to resign her appointment, or if at any time it shall be y qualified medical officer employed by the Government that she is incapable by reason of any infirmity of mind or body of rendering further efficient service, the Government shall pay her such salary as may be due to her up to the date of such resignation or the date of which a certificate in that respect was issued
(ii) A certificate duly signed by a qualified medical officer employed by Government, shall be conclusive evidence on the question whether or not the person engaged was compelled to resign her appointment by reason of ill-health within the meaning of this clause.
7. If the person engaged shall at any time neglect or refuse or from any cause (except ill-health not caused by her own negligence) become unable to perform any of her duties or to comply with any other, or shall disclose any information in respect of the affairs of the Government to any unauthorized person, or shall in any manner misconduct herself, the Government may dismiss her, and on such dismissal all rights and advantages reserved to her by this Agreement shall cease.
8 (i) The Government may at any time terminate the engagement of the person engaged by giving her three month’s notice in writing or by paying her one month's salary in lieu of notice.
(ii) The person engaged may, at any time after the expiration of three months of service terminate her engagement by giving to the Government three months' notice in writing, or by paying to the Government one month's salary in lieu of notice.
9. In the event of any pecuniary damage arising from the person engaged disregarding or failing to comply with any order, standing order or departmental instruction or from any neglect of duty whatsoever on her part she may be liable to a deduction 2 from her salary to make good the damage or any part thereof, the amount of which shall be fixed by her Permanent Secretary/Head of Extra-Ministerial Department.
10. `Four months before the date of the expiration of the Agreement, the person engaged shall give a written notice to the Government stating that she desires to remain in its Government shall thereupon whether it will offer her further employment, if Government decides in her favour, her re-engagement shall be on such terms and for such a period as may be mutually agreed.
11. The person engaged will be eligible for gratuity on the satisfactory completion of a tour of service at the rate of 15% of her basic salary, provided that her engagement is not terminated as under clause 9 and provided that she is not in receipt of, nor eligible for, any other retiring benefits.
12. While leave of absence is not a legal right included in the is contract, the person engaged, after a tour of service, or if I declared invalid before completing the tour, or her engagement is terminated by reason of ill-health in accordance with the provisions of clause 8 thereof, leave may be granted under the rules in force from time to time, applicable to Nigerian officers of a similar grade level so far as exigencies of the Civil Service permit.