The Maternity and Paternity Leave Act, 2023

Introduction

The Maternity and Paternity Leave Act was introduced in 2023 to safeguard the rights of the female employees who are expecting a baby, as well as the male employees whose wives are expecting a baby, to have fully paid leave for a specified duration. This is applicable to the employees working in the private and public sectors that are operating under the Federal Government of Pakistan. The law aims to ensure the security of livelihood for working mothers and fathers, enabling them to take care of their newborns without the fear of losing their salaries or jobs.

Background and purpose

Historically, Pakistan had been relying on outdated and unequal labour laws for decades. This included the laws about maternity benefits, which were governed by the West Pakistan Maternity Benefit Ordinance, 1958.

Under the 1958 ordinance, the mothers were given a 12-week paid leave but the fathers were completely ignored, and were unable to freely provide assistance and support to their wives during this crucial time. In 2018, Senator Quratulain Marri took the initiative to fill this gap by introducing a bill which safeguarded the right of fathers to legal paternity leave. After 5 years of political debates, the bill finally became a federal law of Pakistan in 2023.

For years, mothers were left alone to look after their newborns themselves. Many talented women because of this issue were bound to quit their jobs and professional careers. On the other hand, fathers were kept tied to the workforce, leaving them with no time to contribute to taking care of the newborn or bond with the baby. Hence, the Maternity and Paternity Leave Act 2023 plays a vital role in promoting modern parenting and shared caregiving between both parents in Pakistan.

Key Provisions

Section 1: States the formal name of the statute as the Maternity and Paternity Leave Act, 2023. This law is applicable to the establishments operating under the Federal Government (entities operating within the Islamabad Capital Territory).

Section 2: This Section clarifies and defines the terms used in the statute such as “child”, “employee”, “employer”, “establishment”, and “prescribed”.

Section 3(1): States the core regulations regarding paid maternity leave. Leave must be prescribed completely outside of the female employee’s regular leave account. The leave granted will be counted from the date of commencement. The duration of the leave is:

• First child: 180 days leave
• Second child: 120 days leave
• Third child: 90 days leave

(2) The female employees may not be granted a paid maternity leave for more than three times in their entire service. The provision states that under exceptional circumstances, leave beyond this limit must be deducted from the employee’s existing leave balance or taken as unpaid leave.

Section 4(1): States that a male employee has the right to paid paternity leave for up to 30 days from the date of its commencement, at his option.

(2) States that, similar to maternity leave, male employees may not receive paid paternity leave for more than three times, throughout their service. Any additional leave outside this limit must be deducted from the employee’s existing leave balance or taken as unpaid leave.

Section 5: Defines the offence and punishments if an employer violates the terms of this Act. The penalty includes imprisonment for up to 6 months, a fine of PKR 100,000 or both.

Section 6: States that any other law or previously enacted law, in conflict with this Act must be overridden. This implies that this Act has precedence over any law providing fewer parental rights to working parents.

Section 7: States that the Federal Government has the authority to formulate rules and guidelines to ensure effective implementation of this Act.

Implementation and Practical Effect

The act is strictly applied to the establishments under the administrative control of the Federal Government such as offices, banks, and institutions in the Islamabad Capital Territory. As for the private companies in Punjab, KPK, Sindh and Balochistan, labour laws are managed according to their own separate provincial rules. The law is powerful, but it does not cover all regions of Pakistan yet. However, if an employer within an institution established under the federal government refuses to grant paid leave to an employee, then the employer will face serious penalties, including a heavy fine of PKR 100,000 or even jail for up to 6 months. However, the effectiveness of the Act depends not only on the severity of its penalties but also on its consistent implementation and enforcement.

The enforceability of this Act can be seen in the case of Syed Basit Ali v State Bank of Pakistan & Others, Complaint No. FOH-LHR/000042/2025, where Basit Ali, an employee of the State Bank of Pakistan, requested his rightful 30 days of paid paternity leave. The bank denied his request, claiming that no such policy existed in the institution regarding paternity leave and that the bank was an autonomous entity, implying that it was not legally bound to grant him paternity leave.

Later, the bank was charged with a fine of PKR 500,000 by the Federal Ombudsperson for Protection Against Harassment (FOSPAH). Out of this amount, PKR 400,000 was awarded to Basit Ali as compensation, along with 30 days of paid paternity leave. Moreover, the SBP was strictly ordered to amend its internal policies and observe the 2023 Act. Basit Ali’s case shows us how important this Act is for working mothers as well as fathers. The Statute helped him to exercise his rightful leave from work and support his child and wife during this crucial period of their lives. Cases like these show that statutory administrative bodies such as FOSPAH focus strongly on implementation, which helps to achieve the true purpose of the Act.

Conclusion

The Maternity and Paternity Leave Act, 2023, is a massive achievement toward the modernization of our society, promoting a healthy family life and protecting the rights of both parents to contribute to taking care of their newborn together. However, the next crucial step to be taken is to make the implementation of the law strong throughout so that every employee has access to these benefits.