18th Amendment: Maternity benefit law lapses

The law has yet be re-enacted as a provincial law.

FAISALABAD:

Under the 18th Amendment in the consultation, the 1958 West Pakistan Maternity Benefit Ordinance (WPMBO), which serves to protect the rights of working women, was repealed as a federal law and was to be re-enacted as a provincial law. Yet, till date the law has not been incorporated in any of the provincial governments – practically ceasing it from existence.

In fact, the maternity law is not being implemented in many organisations that employ women, especially in the industrial and commercial sectors.

While article 37 of the Constitution of Pakistan makes reference to maternity benefits for employed women, they are only provided to women employed in certain occupations.

The Maternity Benefit Ordinance 1958 stipulates that upon the completion of four months employment or qualifying period, a worker has the right of up to six weeks pre-natal and post-natal leave during which she is paid salary drawn on the basis of her last pay.

The ordinance is applicable to all industrial and commercial establishments in the country, excluding the tribal areas. It also places restrictions on the dismissal of women employees on maternity leave.

As per Section 3 of WPMBO, no employer shall knowingly employ a woman and no woman shall engage in employment in any [establishment] during the six weeks following the date she delivers a child.

Section 4 of the WPMBO provides right to and liability for payment of maternity benefits.

“Subject to the provisions of this Ordinance, every woman employed in an establishment shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of her wages last paid during the period of six weeks immediately preceding and including the days on which she delivers the child and for each day of six weeks succeeding that day”.

Provincial legislators have yet to take up the issue of providing these benefits after the lapse of the federal law.



Published in The Express Tribune, June 19th, 2011.