Maternity and Paternity Leave in Islamabad Capital Territory
Reviewed by the Commoner Law editorial team. Sources: pakistancode.gov.pk, Punjab/Sindh/KP/Balochistan provincial codes, Supreme Court of Pakistan, FBR, EOBI, SBP, NEPRA, OGRA, PMDC, FIA, and provincial Healthcare Commissions. Provincial variations cite Punjab/Sindh/KP/Balochistan Acts and ICT-specific ordinances. Written in plain English with everyday Urdu legal terms (FIR, qabza, khula, NTN, CNIC) for a general audience — this is educational content, not legal advice. Our editorial standards
What is this right?
This area changed dramatically in 2023. The federal Maternity and Paternity Leave Act 2023 applies to federal government employees and establishments in ICT, and gives 180 days of fully paid maternity leave for the first child, 120 days for the second, and 90 days for the third — plus 30 days of paternity leave for any of the first three children. It's one of the most generous statutory floors in South Asia.
For private-sector workers in the provinces, the older Maternity Benefit Acts still set the floor:
- Punjab Maternity Benefit Ordinance 1958 (as amended): 12 weeks fully paid (6 before, 6 after).
- Sindh Maternity Benefits Act 2018: 16 weeks of fully paid maternity leave for women workers covered by the Act. Sindh has separately rolled out a 10-day paternity leave for male government employees through finance-department circulars.
- KP Maternity Benefits Act 2013: 12 weeks fully paid.
- Balochistan Maternity Benefits Act 2019: 12 weeks fully paid.
For ESSI-secured workers, the maternity cash benefit is paid by ESSI directly — the employer just has to facilitate the application and not deduct anything. For workers above the ESSI ceiling, the employer pays the full maternity wages out of payroll.
You cannot be dismissed during maternity leave or for taking it (Punjab Maternity Benefit Ordinance § 6; SMBA 2018 § 7). Doing so is an offence punishable by fine and imprisonment, and Labour Courts have repeatedly reinstated workers terminated during pregnancy with full back wages.
When does it apply?
- You're a woman worker in a factory, shop, or commercial establishment, OR an employee of the federal government / ICT establishment (for the 2023 Act).
- You have at least 4 months of service immediately preceding the expected delivery (varies slightly by province).
- For paternity leave: you're a federal/ICT employee or work in a province with paternity leave (currently Sindh).
What to do to claim your maternity benefits
- Notify the employer in writing 4 weeks before expected delivery with the doctor's certificate. Apply on the company's standard maternity form if any.
- For ESSI-secured workers, fill the maternity benefit form at your ESSI dispensary — they pay the cash benefit directly into your account.
- For non-ESSI workers, the wages are paid by the employer through normal payroll for the leave duration. If they refuse, file a claim before the Authority under the Payment of Wages Act, and a complaint with the Provincial Labour Department.
- If terminated during pregnancy, file an immediate grievance under the provincial IRA § 33 within 30 days — Labour Courts treat pregnancy dismissals seriously and reinstatement with back wages is the usual outcome.
What should you NOT do?
- Don't accept unpaid maternity leave. The Maternity Benefit Acts make it fully paid; offering only unpaid leave is a violation.
- Don't let HR cut your bonus or annual leave as a "condition" for maternity leave. Maternity leave is a separate entitlement; unrelated dues can't be docked against it.
- Don't resign "under pressure" when pregnancy is announced. Get the dismissal in writing — a forced resignation in pregnancy is challenged successfully under PIRA/SIRA in many cases.
How Islamabad Capital Territory differs from federal Pakistani law
The Maternity and Paternity Leave Act 2023 applies fully in ICT — providing the most generous statutory maternity framework in Pakistan:
- 180 days fully paid maternity leave for the first child.
- 120 days for the second.
- 90 days for the third.
- 30 days paternity leave for any of the first three children.
- Applies to federal-government employees and private/NGO establishments registered in ICT.
For private-sector ICT establishments not registered under the 2023 Act, the older Maternity Benefit Ordinance 1958 (12 weeks) applies — but most large employers in Islamabad have voluntarily adopted the 2023 framework.
Additional steps in Islamabad Capital Territory
Ministry of Human Rights administers the 2023 Act. For complaints: ophrd.gov.pk or directly to the Federal Ombudsperson.
Relevant law: Maternity and Paternity Leave Act 2023; Maternity Benefit Ordinance 1958
Frequently asked questions
Is the 180-day federal maternity leave available to all workers?
No. The Maternity and Paternity Leave Act 2023 applies to federal government employees and establishments in Islamabad Capital Territory. Workers in provincial private-sector establishments are still covered by their province's Maternity Benefit Act — typically 12–16 weeks fully paid.
Can I be fired during pregnancy?
No. Termination during pregnancy or for reasons connected with maternity is prohibited under all four provincial Maternity Benefit Acts and the federal 2023 Act. It is also unfair labour practice under the IRA. Labour Courts reinstate with full back wages in such cases.
Does Pakistan have paternity leave?
Yes — 30 days for federal/ICT employees under the 2023 Act. Sindh has rolled out 10 days paternity leave for male government employees through finance-department circulars. Other provinces don't have a statutory paternity leave for private-sector workers yet, though many large employers offer 5–10 days under company policy.
When does maternity and paternity leave apply?
You're a woman worker in a factory, shop, or commercial establishment, OR an employee of the federal government / ICT establishment (for the 2023 Act).You have at least 4 months of service immediately preceding the expected delivery (varies slightly by province).For paternity leave: you're a federal/ICT employee or work in a province with paternity leave (currently Sindh).
I'm pregnant — how much paid maternity leave do I get in Pakistan?
Notify the employer in writing 4 weeks before expected delivery with the doctor's certificate. Apply on the company's standard maternity form if any.For ESSI-secured workers, fill the maternity benefit form at your ESSI dispensary — they pay the cash benefit directly into your account.For non-ESSI workers, the wages are paid by the employer through normal payroll for the leave duration. If they refuse, file a claim before the Authority under the Payment of Wages Act, and a complaint with the Provincial Labour Department.If terminated during pregnancy, file an immediate grievance under the prov...
What mistakes should I avoid with maternity and paternity leave?
Don't accept unpaid maternity leave. The Maternity Benefit Acts make it fully paid; offering only unpaid leave is a violation.Don't let HR cut your bonus or annual leave as a "condition" for maternity leave. Maternity leave is a separate entitlement; unrelated dues can't be docked against it.Don't resign "under pressure" when pregnancy is announced. Get the dismissal in writing — a forced resignation in pregnancy is challenged successfully under PIRA/SIRA in many cases.