Maternity and paternity leave in Nigeria, what does the law say?[Pulse Explainer]

A Twitter user tweeted that her friend picked up her three-month-old baby from the daycare dead.

This set off a conversation online about whether she ought to have left the child in daycare.

While some people felt she could have dropped her baby with family if she had to go to work, others felt the daycare were to blame and not the woman.

The entire conversation should lead one to question Nigeria’s law on maternity leave and not blame the woman.

Now, Section 54 of the Labour Act provides that female workers are entitled to twelve weeks that is four months of maternity leave. This covers pre and post maternity periods. Out of these twelve weeks, six-week leave is taken after delivery.

“Maternity leave can be extended in case of illness, certified by the registered medical practitioner, that arises out of pregnancy or confinement and makes her unfit for work.”

If employers were going by this, women would return to work barely two months after delivery. Women try to circumvent this by working until their delivery date is close so they won’t have to come back after two months.

Women on maternity leave are not entitled to their full salaries according to the Labour Act but half salaries.

The Civil Service however made more inclusionary provisions by providing men with 14 days paternity leave for men so they can bond with their newborn babies and women were given four months maternity leave.

Women in the civil service are also allowed to close early when nursing their babies.

Some states have taken laws into their hands, Ekiti and Enugu States have declared a six month maternity leave for female civil servants.

Lagos State increased maternity leave for its public service employees from three months to six months with full pay, and approved a 10-day paternity leave for male civil servants.

The Labour Act needs to be amended and made in tandem with the provisions of the Public Service Rules for more equitable laws on maternity and paternity leave. So the law applies to both private and public sectors.

Now the question of where one keeps the baby after maternity leave should depend on personal and family arrangements.

If family members are not available getting a responsible nanny or reliable daycare might be the only option left if the nursing mother wants to go back to work.