The ruling in Pakistan on paternity leave has set a significant precedent for workplace equality, with the Federal Ombudsperson for Protection Against Harassment (FOSPAH) affirming that fathers are entitled to paternity leave following the birth of a child.
The decision followed a complaint by Syed Basit Ali, an OG-1 officer at the Banking Services Corporation, a subsidiary of the State Bank of Pakistan (SBP). He had applied for 30 days of paternity leave under Section 4 of the Maternity and Paternity Leave Act, 2023, after the birth of his son.
However, his request was denied on the grounds that no such leave existed under SBP’s prevailing policy.
Paternity Leave Ruling Pakistan Directs Policy Amendment
In her order, Federal Ombudsperson Fauzia Waqar directed the State Bank to grant the officer 30 days of paternity leave with full salary. The ruling also imposed a fine of Rs. 0.5 million on SBP. Of this amount, Rs400,000 is to be paid to the complainant, while Rs100,000 must be deposited into the government exchequer within 30 days.
The ombudsperson further instructed SBP to amend its leave policy to ensure full compliance with the Maternity and Paternity Leave Act, 2023.
The ruling clarified that denying paternity leave amounts to gender-based harassment and violates principles of equality. It emphasised that childcare is a shared responsibility and not solely a woman’s duty.
According to the order, refusal to grant paternity leave undermines joint parental responsibilities and does not serve the child’s best interests. The decision reinforces the importance of providing both maternity and paternity leave without discrimination.
Legal observers say the ruling strengthens fathers’ workplace rights and promotes shared parental responsibility under the Maternity and Paternity Leave Act 2023.
The case is expected to influence institutional leave policies nationwide, encouraging employers to align their policies with existing law.
