In recent weeks, Nigeria’s maternity leave regime has resurfaced in public discourse, praised by many as a bold step toward gender equity and maternal health. At the centre of this renewed conversation is the 2021 Revised Public Service Rules, which grant federal civil servants 112 working days of paid maternity leave. Often referred to as a ‘six-month policy’, this provision is widely cited as proof that Nigeria is catching up with international standards. However, this framing is both premature and misleading. The 2021 policy remains rigid, exclusionary, and out of step with global health guidelines and human rights law.
From 12 to 16 to 20 weeks: What’s new?
To assess progress accurately, it is important to understand Nigeria’s layered maternity leave framework. The Labour Act, Cap L1, Laws of the Federation of Nigeria 2004, which serves as the minimum standard for all employers, provides for 12 weeks of maternity leave, six weeks before and six weeks after childbirth, at not less than 50 percent of regular wages (Section 54). This remains the legal default for private sector and informal employment arrangements.
Before 2021, federal public servants were entitled to 16 weeks (four months) of paid leave under the then-existing Public Service Rules. The 2021 revision extended this to 112 working days, equivalent to just under five months, using the government’s 28-day calendar month. But significantly, Rule 100223 mandates that one full month must be taken before childbirth, thereby reducing the available postnatal leave to only four months.
This matters. Postnatal time is when women are healing from childbirth, adjusting to maternal responsibilities, and initiating breastfeeding, yet it is the portion that has been quietly reduced under the guise of reform.
Why ‘Six months’ matters
Health and human rights frameworks globally are increasingly clear: six months of maternity leave should be the standard, not the exception. The World Health Organisation (WHO) recommends six months of exclusive breastfeeding, accompanied by sustained maternal recovery and child bonding. Postpartum healing is not limited to physical recovery but includes hormonal recalibration, sleep deprivation, mental health shifts, and immune vulnerability. These biological realities do not resolve neatly within 12 or even 16 weeks.
From a rights-based perspective, Article 11(2)(b) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which Nigeria ratified in 1985, mandates that women be granted maternity leave with pay or comparable social benefits and protection from dismissal. Crucially, it leaves room for states to exceed minimum standards. General Recommendation No. 28 of the CEDAW Committee encourages states to adopt context-specific, substantive protections that uphold the dignity, autonomy, and health of women.
While ILO Convention 183 sets a minimum of 14 weeks’ leave and mandates at least six weeks of postnatal leave (Article 4), this is now widely seen as an outdated floor rather than an aspirational ceiling. The contemporary standard, in line with WHO and global care ethics, is a minimum of six months’ leave, with flexibility and full pay.
A policy for the few, not the many
Even if the 2021 revision were ideal in design, which it is not, it applies only to federal public servants, a small minority in a country where over 90 percent of working women operate in the informal economy, according to ILO data (2018). This includes market women, domestic workers, street vendors, and casual labourers who lack any statutory entitlement to maternity benefits.
For them, the Labour Act’s 12-week minimum, which itself is under-enforced, remains the default, and it is insufficient in both duration and financial support. It offers only 50 percent of pay, no job protection in practice, and no enforcement mechanism to penalise non-compliant employers.
Moreover, neither the Public Service Rules nor the Labour Act provide legal entitlements to breastfeeding breaks, on-site crèches, or flexible working hours, further compounding the challenges of postpartum care and workforce reintegration.
The hidden cost of premature celebration
A 2021 study by the Women Advocates Research and Documentation Centre (WARDC) in Lagos found that many women, especially in private employment, returned to work just six weeks after childbirth, driven by financial necessity and fear of dismissal. These women reported physical pain, mental exhaustion, and the early abandonment of breastfeeding, outcomes that contradict not only WHO standards but also basic principles of public health, maternal dignity, and workplace inclusion.
At a national level, the consequences are sobering. Nigeria accounts for about 12 percent of all maternal deaths globally, according to UNICEF. Without strong postpartum policies, these outcomes are unlikely to improve. Maternity leave is not just a labour issue; it is a public health necessity.
Philippa Osim Inyang, PhD, is a Senior Research Fellow at the Nigerian Institute of International Affairs (NIIA), International Law Division. Her research focuses on international human rights law, with a particular interest in gender and women’s rights, as well as the evolving influence of technology on human rights.
