In this report, Bolanle Oduekun investigated the maternity leave landscape in Ibadan, Oyo state private sector. The report evokes questions about maternity leave policies in private organizations uncovering insights from key stakeholders who shed light on the state of affairs. It also raises some concerns on related gender issues
Unveiling the landscape
Ibadan, the economic hub which also serves as the capital city of Oyo State in Western part of Nigeria is a metropolitan city with about 3.7Million population in 2022. Ibadan is a civil-service working class city with farming and trading as other major economic activities.
Maternity leave issue in the state, state government push and private companies’ position
A quick look at the Maternity Leave policies of Oyo State, revealed that Oyo State ranks among the states in Nigeria that offer the best in terms of maternity leave policies (6 months with full pay). Speaking with the recently appointed Commissioner for Establishment, Adeniyi Adebisi, he clarified that the state offers 6 months of fully paid maternity leave to civil servants.
But the above position is not obtainable in many private sectors in the city. The Honorable Commissioner also affirmed this when asked. Adeniyi Adebisi did say “Ideally, private organisations staff should also enjoy the same privileges. But should forget that the state government is not responsible for the payment of their salary, so they cannot force them to”.
So the only way out for a policy from the government which enforces this. But Adeniyi maintained “The major issue is for the government of the state to come up with a policy. It is a different thing to follow the policy up. To have an ideal situation private organizations must act”.
Hon. Adeniyi Adebisi, Oyo State Commissioner for Establishment and Training
An attempt to bridge this gap is the Ministry’s programme that allows senior members of staff to go to private organisations across the city to sensitise and encourage compliance. But this programme is yet to be fully implemented.
Personal Stories: Pulling through the confusion
The stories of three women shed light on the realities of maternity leave policies in Ibadan. Each woman had a unique experience to share. Some spoke of understanding employers who provided ample time and a seamless reintegration process, while others faced challenges. A school teacher at a private school (who preferred anonymity to prevent unnecessary exposure) shared her story of disappointment and frustration.
“The school’s employee handbook stated that paid maternity leave was only available to those who had worked for the organisation for two years. When I gave birth before I clocked two years, I did not receive any payment for her time off. Instead, I was given a gift of 10,000 naira for the child and 11 weeks of unpaid leave”.
Meanwhile while she was pregnant, she had diligently done her work even when she was seriously ill in the early months of her pregnancy. The school teacher said “I felt that this treatment was unfair.”
The final straw for her came during COVID-19 when she had another child, and the school did not allow her to bring her children to work. She was expected to be at work regularly and closed at the time others were closing despite the fact she was paid half salary and had to pay a nanny to stay with her child. All of this contributed to her resigning from the school.
Another new mother, Tope, who works in a private entity here in Ibadan said “I was given only three months of maternity leave with half pay, but with a mandatory requirement to attend to office calls during the leave”. Following after, Tope was placed on a two-day workweek for another three months with full pay when she returned to work. In Tope’s company it was not uncommon for people to be sacked for getting pregnant.
A General Manager of a radio station here in Ibadan, who did not want to be identified for safety reasons, revealed her organiaation gave her the mandatory three months’ leave with full salary, and required she works from home. So it was working from home, not leave in the real sense.
Mental Health and Adequate Maternity Leave Policies
A maternal mental health advocate, Opeyemi Ojabanjo-Lawal, who had also had her fair share of ugly sides of maternity leave policies in private organisations, stated “Most women who work with organisations where the maternity policies are not adequately communicated feel anxiety, and this affects their level of productivity”
According to Opeyemi “There is need for applicable maternal policy during and after pregnancy, private organisations put into place mother-friendly policies like establishing nurseries/crèche’s/daycare so mothers are not away from their children, having a room where the woman can pump breast milk for her child, and not be discriminated against”.
Ibadan Private Sector’s Pulse
Conversations with a private school owner and a hotel manager offered intriguing perspectives from the private sector. Mrs Awoyomi, the proprietress of Nellas Children’s Palace, an early year’s school said “ Our school’s maternity leave policy gives 3 months maternity leave to staff with half pay on a condition that the staff had spent at least two years in the school’s employment”.
Some of the challenges of small business owners towards implementing maternity leave is the fact that resources are scarce and they do not have incentives from the government. In many cases. Opeyemi said “Private small businesses have no other option than to ask the new mother to sort out their new baby’s creche challenges on their own”.
The hotel manager, who does not want to be named for safety reasons. unveiled a reality where he had once employed a staff member who got pregnant and was given the mandatory 3-month maternity leave with 50 per cent payment. The staff was allowed to bring her child to work when she resumed. However, the new mother’s attention was divided, and her performance became abysmal, as she had numerous absences and mood swings, which affected her output at work, putting the customers’ health at risk. After that experience, the management stopped such privilege.
The Nigeria Labour Act and maternity leave
Examining what Nigeria Labour Act says. Section 54 of this act affirms in every sector, a woman who had produced authenticated letter from a registered medical practitioner with regards to her delivery date will be entitled to six weeks leave and also be given half an hour twice a day to nurse her child among other benefits
The Legal option
In the course of the report, Barrister Bayo Oyedeji,a legal expert shared “As long as the maternity leave policy of Nigeria is a federal law it is indeed binding on both private and government organisations. Through the challenges of enforcement, it is always cumbersome”. But within the constitution, a new mother may have the right to challenge a company which fails to comply with maternity leave requirements. But the major problem is who wants to sue her employer?
International best practices
According to the International Labour Office(ILO), more than 120 Countries around the world provide paid maternity leave benefits by law, including most industrialised nations except New Zealand and United States
Several countries have robust maternity leave policies for the new mothers in the workforce. While some countries provide incentive and relief for the new mothers after birth, other countries provide for the new mothers during pregnancy and after birth, providing easy ways of integrating the new mothers back into the workforce while ensuring that they maintain a healthy work-family balance.
World Economic Forum paid maternity leave around the world
Picture credit: Business.org
In Africa, the story of maternity leave is a mix of different efforts, with some places doing really well and others needing to do better to support new mothers.
Comparing ILO statistics with regards to mandatory maternity leave, and what obtains in African countries, only 76 percent of the 51 countries that have data make it mandatory for new moms to take time off after having a baby. Lists of these countries include Burundi, Madagascar, and Uganda, moms can relax and take care of their babies without worrying about work.
However, there are 12 countries (24 percent) where the rules are silent about whether new mothers must take time off after having a baby. These countries like Algeria, Malawi, and Zambia. This had raised a lot of concerns about violation of ILO convention 103.
Categories of holidays.
Out of all the 76 percent of countries which allow maternity leave, 37 make sure that new moms get at least six weeks’ time off. Some countries, like Angola, Congo, Ethiopia, and Seychelles, are even more generous, giving moms nine to twelve weeks off.
In 14 countries, new moms get less than 14 weeks’ time off. But in these countries, a few companies also support with some stipend in form of cash while for the new mothers on a break. In countries like Ghana, Kenya, and Rwanda, both the government and the companies share this responsibility.
Unfortunately, in five countries, there is no data to enforce the actual time off. These countries – Botswana, Eritrea, Nigeria, Rwanda, and Swaziland – need to fix a few things to better support new moms.
Looking at the bigger picture, 84 percent of the 51 countries go beyond the basic rules and offer more time off for the new mothers. But there are still eight countries that have not added this extra help, missing a chance to give nursing mothers more support.
A Path Forward
Maternity leave’s landscape is filled with contrasts and challenges. Maternity leave law must be domesticated in each state and enforced. It is also a collaborative approach between the government and private organisations is critical. Striking a balance between thriving businesses and ensuring the well-being of women employees is a tightrope walk that requires the attention of policymakers, employers, and employees alike.
*Bolanle Oduekun, a broadcast journalist and fellow of Africa Foundation for Young Media Professionals Media Entrepreneur, Thought leadership and Niche building sent this in from Ibadan as part of her story requirement as fellow of the project.
