Discrimination: Women hired on contract not entitled to maternity leave

Can only take up to 15 to 20 days off without pay

PESHAWAR:

Unlike permanent civil servants, government employees hired on contracts are not entitled to the same maternity leave in Khyber-Pakhtunkhwa. The bifurcation is stark – while permanent government employees can take six weeks of paid leave during pregnancy, contractual workers are only allowed 15 to 20 days of leave without pay.

Ends of spectrum

According to Khyber-Pakhtunkhwa Revised Leave Rules 1981, permanent government female employees can take up to six weeks of paid maternity leave. The rules state, “A female servant can take up to 90 days of maternity leave from the date of commencement or 45 days from the date of her confinement whichever is earlier.” Moreover, this law can be used by a woman for up to three pregnancies. “After the third time, maternity will not apply and the leave will then be debited to her leave account,” K-P Revised Leave Rules 1981 states.

According to Khyber-Pakhtunkhwa Maternity Benefits Act 2013, “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 day on which she delivers the child(ren).”

However, contract employees do not have the same benefits. In fact, there is no specific rule chalking out their maternity leave or the benefits, if any, they are entitled to.

Recently, a teacher hired in Swabi wrote a letter to the K-P Elementary and Secondary Education Directorate enquiring about maternity leave. The Elementary and Secondary Education Establishment Deputy Director informed the Swabi DEO in a reply that NTS appointees cannot be included into the category of civil servant and hence, are not entitled to maternity leave.



On Wednesday, DEO Peshawar Ulfat Begum said there were different rules for contract-based and permanent female teachers. “While permanent teachers can avail maternity leave according to the rules laid out in K-P Revised Leave Rules 1981, contract teachers can take leave for 15 to 20 days without payment,” she confirmed.

Ulfat Begum said since these employees were daily wage workers, their salary was deducted according to leave taken.

An argument of convenience

“They are only appointed for a year and if they leave for six weeks in the middle, it is almost impossible for the government to hire them,” she added.

A senior official of K-P Directorate of Industry, Commerce and Labour, requesting anonymity, said, “The K-P Maternity Benefits Act 2013 should apply to women regardless of their being hired on a permanent or contractual basis. No one should be exempt from this.”

Dire need to act

All Primary Teachers Association President Malik Khalid Khan said the government should examine this issue and make policies regarding teachers hired on a contractual basis. “A majority of the teachers recently appointed in the province are not permanent employees,” he said.

Malik Khalid said there was a lack of educated women in schools and the government should encourage them to come into the field of education. “If the government does not allow women maternity leave, what are they supposed to do?” he questioned.

He also said the only solution he could see working for both the government and for employees was to make the contract-based teachers permanent employees. “In the meantime, alternative solutions can be thought of, worked on and implemented,” he added.

Talking to The Express Tribune, Blue Veins Programme Manager Qamar Naseem who works for women’s rights in K-P said there was no law for women hired on contract in the civil sector. He said the government should take this issue seriously and like permanent civil servants, allow contract-based female employees to apply for and receive maternity leave.

He said it was very difficult for some women to work and travel during their pregnancy and no alternative solution exists for them except forced resignation.

Naseem said on March 8, Prime Minister Nawaz Sharif will deliver a speech on the protection of women workers and on March 5, he will meet experts on women issues. He said the expert(s) should highlight this issue and apprise the prime minister of unfairness prevalent in the job sector for contract-based women employees.

Published in The Express Tribune, March 3^rd, 2016.