FOSPAH rules fathers entitled to paternity leave under 2023 law

ISLAMABAD: The Federal Ombudsperson for Protection Against Harassment (FOSPAH) has ruled that fathers are entitled to paternity leave following the birth of a child, stressing that childcare is not solely a woman’s responsibility.

The decision came after a complaint filed by a bank officer whose request for 30 days of paternity leave was denied.

Syed Basit Ali, an OG-1 officer working in the Banking Services Corporation, a subsidiary of the State Bank of Pakistan, approached FOSPAH against the governor, managing director, HRMD head and chief manager.

In his complaint, he stated that after the birth of his son, he applied for 30 days of paternity leave under Section 4 of the Maternity and Paternity Leave Act, 2023.

However, his request was declined on the grounds that no such leave existed under the prevailing leave policy of the State Bank.

In her order, Federal Ombudsperson Fauzia Waqar directed the institution to grant the officer 30 days of paternity leave along with full salary.

The ombudsperson also imposed a fine of Rs0.5 million on the State Bank. Of this amount, Rs400,000 will be paid to the complainant, while the remaining Rs100,000 will be deposited into the government exchequer within 30 days.

The ruling further directed SBP Banking Services Corporation to amend its leave policy regarding maternity and paternity leave to bring it into full conformity with the provisions of the Maternity and Paternity Leave Act, 2023.

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The decision clarified that denying paternity leave amounts to gender-based harassment and violates principles of equality. It also stated that refusal to grant such leave undermines the shared responsibilities of parents and goes against the best interests of the child.

FOSPAH emphasised that both maternity and paternity leave are essential for the child’s well-being and must be provided without discrimination.

The ruling sets an important precedent in ensuring fathers’ workplace rights and reinforcing shared parental responsibility in Pakistan.