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Pakistan - Maternity protection - 2011


LAST UPDATE

14 September 2011

Data quantity

NORMAL

SOURCES


Name of Act

West Pakistan Maternity Benefit Ordinance of 17 December 1958, No. 32 of 1958 as amended by Labour Laws (Amendment) Ordinance, 1993 (No. 23 of 1993)
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Name of Act

West Pakistan Maternity Benefit Rules 1961, framed by the West Pakistan Government in exercise of the powers conferred by s13 of the West Pakistan Maternity Benefit Ordinance 1958 and published under the Health, Welfare and Local Government Depart Notice IX-16-2 (LII/59 of 6 June 1961, Gazette of West Pakistan Extr 10 June 1961, p1505)
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Name of Act

Constitution of the Islamic Republic of Pakistan 1973, as modified to April 2010. Published by the Government of Pakistan at http://www.infopak.gov.pk/Constitution30April2010.pdf and accessed 14 September 2011.

Name of Act

Provincial Employees’ Social Security Ordinance 1965, EP Prd X of 1965. Published by the Government of Pakistan at http://punjablaws.gov.pk/laws//187.html and accessed 30 August 2011.
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MATERNITY LEAVE


Scope

The maternity leave entitlements bestowed by the Maternity Benefit Ordinance 1958 apply to establishments across the whole of Pakistan. Establishments are defined as any organisation, whether industrial, commercial or otherwise.
West Pakistan Maternity Benefit Ordinance 1958 §§1, 2(d)

Qualifying conditions

A woman shall not be entitled to maternity leave unless she has been employed in the establishment of the employer from whom she claims maternity benefit for a period of not less than four months immediately preceding the day on which she delivers the child.
West Pakistan Maternity Benefit Ordinance 1958 §§4, 5
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Duration


Compulsory leave

No woman shall engage in employment in any establisment during the 6 weeks following the day on which she delivers a child.
West Pakistan Maternity Benefit Ordinance 1958 §3

General total duration

Where the worker gives notice either orally in person or in writing to her employer that she expects to be confied within the next 6 weeks, she will be entitled to a period of up to 12 weeks’ maternity leave (being from the day after giving notice until 6 weeks after the day of delivery).

Where the worker does not give notice until she has already given birth, she will be entitled to up to 6 weeks’ maternity leave (being from the day of delivery until 6 weeks after that day).
West Pakistan Maternity Benefit Ordinance 1958 §5(2)
Historical data (year indicates year of data collection)
  • 2009: 12 weeks.
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

No provision is made for an extension of the maternity leave period.
West Pakistan Maternity Benefit Ordinance 1958

RELATED TYPES OF LEAVE


Parental leave

No parental leave entitlement identified.

Paternity leave

No paternity leave entitlement identified.

Adoption leave

No adoption leave entitlement identified.

RIGHT TO PART-TIME WORK


General provisions

No entitlement to part-time work identified.

CASH BENEFITS


Maternity leave benefits


Scope

The maternity benefits bestowed by the Maternity Benefit Ordinance 1958 apply to women working in establishments across the whole of Pakistan. Establishments are defined as any organisation, whether industrial, commercial or otherwise.
West Pakistan Maternity Benefit Ordinance 1958 §§1, 2(d)

Qualifying conditions

A woman shall not be entitled to maternity benefits unless she:
(a) has been employed in the establishment of the employer from whom she claims maternity benefit for a period of not less than four months immediately preceding the day on which she delivers the child; and
(b) produces proof that she has been delivered of a child within 6 months of the delivery.
West Pakistan Maternity Benefit Ordinance 1958 §§4, 5
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Duration

The maternity benefits entitlement lasts for a period of 12 weeks.
West Pakistan Maternity Benefit Ordinance 1958 §§4, 5
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Amount

The maternity benefit is expressed as an entitlement to payment at the rate of the worker’s wages last paid.
West Pakistan Maternity Benefit Ordinance 1958 §4
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Historical data (year indicates year of data collection)
  • 2009: 100 per cent.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The employer is liable for payment of the maternity benefits.
West Pakistan Maternity Benefit Ordinance 1958 §4
Historical data (year indicates year of data collection)
  • 2009: Employer
  • 2004: Employer
  • 1998: Employer
  • 1994: Social security & employer

Alternative provisions

A secured woman shall be entitled to maternity benefits under the Provincial Employees’ Social Security Ordinance 1965, if contributions in respect of her were paid or payable for not less than one hundred and eighty days during the twelve calendar months immediately preceding the expected date of her confinement as certified by a medical practitioner. Such benefit shall be paid for all days on which she does not work for remuneration during a period of 12 weeks, of which not more than 6 weeks will precede the expected date of confinement.
Provincial Employees’ Social Security Ordinance 1965 §36
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Parental leave benefits

No entitlement to parental leave benefits identified.

Paternity leave benefits

No entitlement to paternity leave benefits identified.

Adoption leave benefits

No entitlement to adoption leave benefits identified.

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

A secured woman shall be entitled to prenatal confinement and postnatal medical care, if contributions in respect of her were paid or payable for not less than one hundred and eighty days during the twelve calendar months immediately preceding the expected date of her confinement as certified by a medical practitioner or if, during six calendar months immediately preceding her claim, contributions in respect of her were paid or payable for not less than ninety days.
Provincial Employees’ Social Security Ordinance 1965 §38

Financing of benefits

The medical benefits are financed through employer contributions to a social security fund.
Provincial Employees’ Social Security Ordinance 1965 §20

HEALTH PROTECTION


Arrangement of working time

No relevant provisions identified.

Dangerous or unhealthy work


General

No employer shall knowingly employ a woman and no woman shall engage in employment in any establishment during the 6 weeks following the day on which she delivers a child.
West Pakistan Maternity Benefit Ordinance 1958 §3

Risk assessment

No general obligation to identify and assess risks to safety and health of workers identified.

Particular risks

Provisions regulating particular risks are contained in a number of industry-specific laws (e.g. Chapter III ’Health and Safety’ of the Factories Act and the Hazardous Substances Rules 2003). However, these regulations are of gender neutral application and none impose requirements directed specifically to the protection of pregnant or breastfeeding workers.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The Constitution of Pakistan prohibits discrimination on the basis of sex and the Provincial Employees’ Social Security Ordinance 1965 expressly prohibits employers from dismissing, discharging or reducing or otherwise punishing an employee during the period in which the employee is in receipt of maternity benefits or medical care.
Constitution of the Islamic Republic of Pakistan 1973 §25
Provincial Employees’ Social Security Ordinance 1965 §72

Prohibition of pregnancy testing

No relevant provisions identified.

Protection from discriminatory dismissal

It is not lawful for an employer to give notice of dismissal to a worker on maternity leave during her period of absence on such leave or on such day that the notice will expire during her absence. Further, where a woman is dismissed from her employment by her employer without sufficient cause within a period of 6 months before delivery of a child, she will maintain her entitlement to any maternity benefit she would otherwise have been entitled to under the West Pakistan Maternity Benefit Ordinance.

The Provincial Employees’ Social Security Ordinance 1965 also prohibits employers from dismissing or discharging employees during the period in which the employee is in receipt of maternity benefits or medical care and declares any such notice of dismissal or discharge to be invalid.
West Pakistan Maternity Benefit Ordinance 1958 §7(1)
Provincial Employees’ Social Security Ordinance 1965 §72

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

There is no express guarantee of the right to return to work. However, employers are prohibited from dismissing, discharging or reducing an employee during the period in which she is in receipt of maternity benefits under the Provincial Employees’ Social Security Ordinance 1965 or while she is on maternity leave under the West Pakistan Maternity Benefit Ordinance 1958. Any notice of dismissal, discharge or reduction so given shall be invalid.
West Pakistan Maternity Benefit Ordinance 1958 §7(1)(a)
Provincial Employees’ Social Security Ordinance 1965 §72

Results generated on: 01st August 2014 at 03:45:38.
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