Maternity Leave and Other Benefits

What provisions for maternity leave fall under these laws?

Under the laws applicable to the province of Punjab, Khyber Pakhtunkhwa, Balochistan and Islamabad Capital Territory, you are granted a maternity leave of 12 weeks. In contrast, Sindh allows for a maternity leave of 16 weeks.

Are there separate provisions for Civil Servants?

Yes, the provisions for Civil Servants are different where:

The Civil Servants Act, 1973 (Revised Leave Rules, 1980) provides paid maternity leave to all female civil servants for a total of 90 days.

The Maternity and Paternity Leave Bill (2018) provides paid maternity leave to all female employees working in entities under the administrative control of the Federal Government for 180 days on the first birth, 120 days on the second birth and 90 days on the third birth of a child. These leaves are counted outside of their regular leaves account.

What amounts to a paid leave?

Under these laws you are entitled to a fully paid maternity leave, the leave is paid at the rate equal to your last paid wages.

What are the eligibility criteria to availing maternity benefits under these laws?

The qualifying period within these laws differs where:

• The Khyber Pakhtunkhwa Maternity Benefits Act (2013), The Punjab Maternity Ordinance (1958) and The West Pakistan Maternity Benefit Ordinance (1958) provide maternity benefits to female employees working for a period of 4 months preceding their expected date of delivery.
• The Sindh Maternity Benefit Act (2018) provides maternity benefits to all female employees working for a continuous period of one (1) year preceding their expected date of delivery.
• The Mines Maternity Benefit Act (1941) provides maternity benefits to female employees working for a period of 6 months preceding their expected date of delivery.

What are the eligibility criteria to availing maternity benefits under Social Security?

The Sindh Employees Social Security Act (2016) and the Provincial Employees Social Security Ordinance (1965) provide maternity benefits to any secured woman if contributions were paid in her respect for not less than one hundred and eighty days (180) during a period of one (1) year. A secured woman per both of these laws is a female employee under a contract of an employer who has been registered with the Employees Social Security Institution and pays a monthly contribution of 6% to the Employees Social Security Institution.

Can I be subjected to more than one benefit simultaneously under Social Security laws?

No, a secured female employee cannot be entitled to more than one benefit, namely sickness benefit and injury benefit under the sections 35 and 39 of the Provincial Employees’ Social Security Ordinance, 1965 during the time of her maternity benefits simultaneously. If a female employee is eligible for more than one benefit during that time, she will be given the higher or highest one among the said benefits.

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

Under these laws, you can notify your employer through either a written or verbal notice six (6) weeks before the expected day of delivery or within seven (7) days after you have delivered a child.

For Sindh, the notice period is a written application 12 weeks before the expected day of delivery.

Are there any provisions regarding my health?

Your employer cannot ask you to do any work, within the establishment you are employed at, that is arduous or hazardous to your health or which requires standing for long periods of time for a period of 1 month before the six (6) weeks of your pre-natal leave and for one month after your six (6) weeks of post-natal leave. This provision is applicable only in Punjab and Khyber Pakhtunkhwa.

Will I still be expected to work after the delivery of a child?

Your employer cannot ask you to work during the six (6) weeks of your post-natal leave after the delivery of your child.

Will an employer still be liable to pay maternity benefit in case of a female worker’s death during pregnancy?

Yes, an employer is still liable to pay the maternity benefit in case of death of a female employee during pregnancy or after childbirth to her nominated legal representatives.

Whereas Sindh provides the maternity benefits in the form of 10% of female employees’ monthly salary for the number of years she has worked for the organisation to her legal heirs. The legal heirs of a female worker with ten years of service with an employer shall be entitled to one-month wage in the case of worker’s death during or before child labour.

Can my employer dismiss me during my maternity leave?

No, your employer cannot dismiss you from service any time during your maternity leave or even as early as six (6) months before your leave just to avoid paying you the maternity benefit.

Are there any additional leaves apart from the ones mentioned under any of these laws?

Yes, under the Sindh Maternity Benefits Act, 2018 you are granted an additional paid leave of 1 week in case of a miscarriage, a paid leave of 4 weeks in case of a still-born and a paid leave of 16 weeks in case of premature birth.

In case of any other medical complication during the course of your pregnancy, this law provides a paid leave for four (4) weeks with medical documents necessary as proof.

Will I be provided with medical care under any of these laws?

Yes, the Sindh Employees Social Security Act, 2016 and the Provincial Employees Social Security Ordinance, 1965 provide you, if you are secured, with post-natal medical care if contributions were paid in your respect for not less than 90 days during a period of six months.

Are there any provisions for nursing breaks?

There is no clear provision on breast-feeding (breaks) however, Factories Rules (93 under section 33-Q) require an employer to facilitate nursing mothers at the workplace. Every factory wherein more than 50 women are employed has to provide a room or rooms for the use of children, under the age of 6 years, belonging to these women workers. It also requires employers to hire a trained nurse and a female servant to attend to these children during working hours. Women workers can also use these rooms for breast-feeding during their rest/meal breaks. These rooms are restricted only to children, their attendants and children’s mothers.

Whereas the Sindh Maternity Benefit Act, 2018 which provides you with four (4) nursing breaks throughout the course of the day. However, this law does not specify the time duration of these nursing breaks and has not specified the age of the child, until which he has to be nursed.

Are there any provisions for a day-care facility within any of these laws?

Within the Sindh Maternity Benefit Act, 2018, every establishment employing more than ten workers is supposed to have a day-care centre with CCTV cameras as a security measure.

Does the law provide for paternity leave?

According to the Maternity and Paternity Bill (2018), a male employee expecting his wife to give birth is granted a paid leave of not more than thirty days. These leaves are counted outside of his regular leaves account. He can take this leave only thrice during the entire period of his service.

Whereas under the Punjab Civil Servants Act, 1974 (Revised Rules, 1981) a male civil servant is granted a paid paternity leave of 7 days on or immediately before the birth of his child. This leave is counted outside of his regular leaves account and can only be taken twice during the entire period of his service. Paternity leave of 10 days is available to employees of Sindh Police and National Commission on the Status of Women (NCSW).

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