By Success Oghosa Osaretin

I read on LinkedIn how an employee was suspended from work simply because he resented and made nasty statements about a colleague who was on her maternity leave. He felt it was not necessary and a total waste of time. Is this really true? Is the time frame for maternity currently in Nigeria enough time for maternity leave? These are some issues this article will to address.

It is said that the family is the first stage of socialization for every child before coming in contact with other players. If this is true, then maternity and paternity leave cannot be overemphasised.

Maternity leave is the period for a woman to recover from the rigours of childbirth,bonding with the child and making necessary arrangements prior to her work resumption. The Nigerian Labour Act makes provision for this leave by stating in Section 54 that every woman who provides medical evidence of the due date is entitled to leave her work for 12 weeks.

The section further provides that any woman who has worked for at least six months prior to her confinement shall be entitled to at least 50% of her monthly wages for the period of her confinement.

The Federal Government however increased the leave from 12weeks to 16weeks. The Civil Service has extended this to the men for a period of 14 days to enable them bond with their wives and children.

The section further provides that any woman who has worked for at least six months prior to her confinement shall be entitled to at least 50% of her monthly wages for the period of her confinement.

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. However, this is not the position in some states and private organisations. Paternity leave has not been fully adopted by some states and the Labour Law only provides for maternity leave specifically.

WHY MATERNITY OR PATERNITY LEAVE?

Positive and meaningful interaction with mothers and fathers from the very beginning helps to shape children’s brain growth and development for life, making them healthier happier, and increasing their ability to learn. Evidence suggests that when fathers bond with their babies from the beginning of life, they are more likely to play a more active role in their child’s development. Research also suggests that when children positively interact with their fathers, they have better psychological health, self-esteem and life-satisfaction in the long-term.(UNICEF)

Another reason for this leave (maternity leave) is higher chances for the infant being exclusively breastfed by the mother as encouraged by the World Health Organisation. This also reduces infant mortality rate.

Also, it lower risks of postpartum depression as this period helps the mental and physical health of mothers. Employers will have more loyal and productive employees if this leave is encouraged.

LEGAL FRAMEWORK FOR MATERNITY LEAVE.

The Nigerian Labour Act provides for maternity leave but unfortunately, does not provide for paternity leave. Worthy of note is that Lagos State has set a leading example as it provides for Paternity Leave unlike most states in Nigeria.

A woman has the right to maternity leave as long as she provides a written medical certificate from a medical doctor stating that she should not or cannot work. The medical certificate allows a woman to not work for approximately six weeks before the birth of her baby and six weeks after the birth of her baby. She is also owed at least 50% of her normal wages as long as she has been employed for six months. She is also allowed two extra thirty-minute breaks for the purpose of nursing her child.

Women employed in the federal civil service are entitled to 16 weeks maternity leave at full pay. When mothers return to work, they can take two hours off a day to breastfeed.

In Lagos, Oyo, Kaduna and Ekiti states, public servants enjoy up to six months paid maternity leave. However, mothers working in the private, non-profit or informal sectors have limited benefits. Under the Labour Act, mothers employed outside of the public sector are entitled to 12 weeks off. They are entitled to half pay if they’ve worked for their employer for at least six months.

But not only is this law weakly enforced, the limited maternity payments often aren’t enough for a women to afford to stay at hhome. Private organisations especially have these laws weakly enforced. A teacher once narrated how she was forced to resume her teaching job less than a month of child birth, she wanted to resign but considering the financial implications she had no choice than to resume work.

The laws are weakly enforced in private sectors and there are no effective punitive measures to address this in private organisations.

WAY FORWARD.

Ensuring enforcement of the ILO’s(International Labour Organisation) minimum standard by providing six months maternity leave at full pay to all breastfeeding mothers;

Labour Unions and the Ministry of Labour should monitor and enforce mechanisms for maternity, paternity and childcare policies.

Providing childcare policies and breastfeeding friendly policies such as having creches in the workplace and flexible work hours.

Private sectors should be monitored properly to ensure strict enforcement with strong punitive measures in the case of a default.

Lagos has set a leading example declaring a 10- working days paternity leave for men. Other states should emulate and make such laws as the Labour Act does not make provision for paternity leave.

Success Oghosa Osaretin is a Legal Practitioner and Professional Volunteer

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