Maternity Leave and Other Benefits

What are the laws in Pakistan relating to maternity i.e. leave, treatment and other benefits?

Pakistan has four different laws relating that cover the issue of maternity and its related benefits. These laws are:

• The Mines Maternity Benefits Act, 1941
• The West Pakistan Maternity Benefit Ordinance, 1958
• The Provincial Employees Social Security Ordinance, 1965
• The Civil Servants Act, 1973 (Revised Leave Rules, 1980)

However, apart from these laws, the Constitution, under its article 37, also requires the state to ensure the maternity benefits for women in employment.

What are the jurisdictions of these laws?

The Mines Maternity Benefits Act is applicable to all the mines where Mines Act 1923 is applied.

The West Pakistan Maternity Benefits Ordinance 1958 is applicable to all the organizations, establishments (whether industrial or commercial) and factories as defined under the Factories Act, 1934.

The Provincial Employees Social Security Ordinance 1965 is applicable to all establishments and stipulates maternity benefits and medical care during pregnancy.

The Civil Servants Act 1973 and Revised Leave Rules 1980 govern the maternity leave provisions to the civil servants.

Can you please tell about the leave provisions under the above-mentioned laws?

Both under the Mines Maternity Benefits Act and Maternity Benefit Ordinance, every employed woman is entitled to a maximum of 12 weeks (around 3 months) of fully paid maternity leave. She can take this leave six weeks before the delivery and six weeks after the delivery. A woman on maternity leave will be paid at the rate equal to her last paid wages (i.e. if your weekly pay is PKR 2000, you will be paid by this rate and not on some reduced or higher rate).

The eligibility condition for the two laws differs: under the Mines Maternity Act, a woman must be employed in the mine for a period of not less than six months (at least six months) preceding the date of her delivery while the Maternity Benefits Ordinance requires that in order to claim the benefit, a woman must be employed for a period of not less than four months (at least four months) preceding the day she delivers a child.

Moreover, in accordance with the above two laws, no women can be employed (by the employer knowingly of her situation) during the six weeks following the delivery of her child.

You are also eligible for maternity benefit under the Provincial Employees Social Security Ordinance if contributions were paid to the social security institution in your respect for at least six months in the preceding 12 months.

According to the Revised Leave Rules 1980, a female civil servant is eligible for 90 days leave (around 13 weeks) maternity leave on full wages.

An employer's liability, to pay maternity benefits, is not discharged even when an entitled woman worker dies on the day she is delivered of a child or during the period of pregnancy. The due amount has to be paid to her nominated persons or legal representatives.

How should I inform my employer about my expected delivery and after delivery?

A woman worker who is entitled to maternity benefit may give notice orally or in writing to the management that she expects to deliver a child within one and a half months and after receiving such notice, the management is supposed to provide you leave of absence from the following day. You can also have your 12-week leave started from just prior to the delivery of your child.

A woman who has delivered a child has to give notice of delivery to her organization within seven days of her delivery. You will also need to provide a proof of your delivery to the management within six months of delivery. This proof can either be a certified copy of birth register of a hospital, certificate issued by a medical practitioner or any proof acceptable to your employer.

Am I also eligible for medical care during my pregnancy?

According the Provincial Employees Social Security Ordinance, you are entitled to pre-natal confinement and postnatal medical care. However it requires that in the last six months, contributions were paid in your respect for at least 90 days.

At what time can I receive the maternity benefit payments?

In accordance with the Maternity Benefits Ordinance, you can receive your payments in the following three ways:

1. You can receive the cash payment for the first six weeks before delivery (when you take leave) and the remaining amount for other six weeks has to be paid on production of proof of delivery and within forty-eight hours of its production
2. After the delivery and proof production, you will receive the payment for the first six weeks within forty-eight hours and the remaining amount will be paid within six weeks
3. After the production of proof that you have been delivered of a child, all your maternity benefits can be paid within forty-eight hours

Is there any limit on the number of times that I can take this maternity leave?

The laws governing the private sector i.e. Mines Maternity Benefits Act and Maternity Benefits Ordinance do not place any limits on the number of times you can avail the maternity leave.

However, in the public sector, a female servant can't take this leave more than three times in her entire career except for those females employed in a vacation department. If a female civil servant takes leave after the third time, she will have to take leave from her leave account.

Can my employer discriminate against me for taking maternity leave?

Your employer can't terminate your services, even six months before delivery, simply to avoid the payment of maternity benefit. However, he has the authority to terminate you if he has sufficient and legitimate reasons for the decision.

It is also illegal for your employer to dismiss you during the term of maternity leave.

If your employer contravenes any of the above provisions, you may file a complaint to the provincial labor department (district labor officer). Prosecution can be instituted only by or with the prior sanction of the Inspector of Factories. You should file compliant of any offence within six months of the date that alleged offence was committed

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