Maternity leave

In an extremely important judgment, the Lahore High Court has ruled that all organisations need to grant a pregnant woman maternity leave – whether or not this is written into a contract. The matter arose from a petition by a teacher who worked at the Punjab Workers Welfare Board and who had applied for maternity leave following her pregnancy. This was denied on the basis that there was no provision for this in her contract. Needless to say, all women deserve the right to deliver children safely and also the right to leave post-delivery.

The court has noted that a failure to grant maternity leave goes against Article 37 of the constitution, which ensures provisions for securing just and humane conditions of work, that children and women are not employed in vocations unsuited to their age or sex, and that maternity benefits are granted to women that are employed. Taking this as a basis, the court has ruled that maternity leave is essential to protect mother and child and family. The reality on the ground is quite different. Too many women who work – in formal organizations, or factories, or the informal sector – are not granted maternity leave. There has been gross negligence when it comes to ensuring the rights of working mothers, whether its provision of creches at workplaces or maternity leaves. In fact, in many Western countries, paternity leave is also now offered to men who are due to become fathers.

The court has also said that the issue of whether a woman can be made to carry out hard labour when she is pregnant has to be looked into carefully. The same is true of traveling for work while pregnant. These are all matters that need to be dealt with. It is vital that the mother be protected and later given all the benefits possible at her place of work. It is already difficult for women to make a place for themselves in the workplace, despite the progress made over the years. The glass ceiling remains a reality especially when it comes to working mothers, with women essentially having to choose between work and home – a choice men have rarely had to face. The LHC ruling is then one that should generate greater debate in society so that conditions places of work can aid pregnant women and working mothers.