In a landmark decision reinforcing workplace equality and shared parental responsibility, the Federal Ombudsperson for Protection Against Harassment (FOSPAH) has ruled that fathers are legally entitled to paternity leave following the birth of a child. The verdict sends a strong message that childcare obligations are not the exclusive domain of mothers and that denying such leave may amount to gender-based discrimination.
The ruling emerged from a formal complaint filed by Syed Basit Ali, an OG-1 officer employed with the Banking Services Corporation (BSC), a subsidiary of the State Bank of Pakistan (SBP). After the birth of his son, Ali applied for 30 days of paternity leave under Section 4 of the Maternity and Paternity Leave Act, 2023. However, his request was turned down by the institution on the grounds that the existing SBP leave policy did not provide for paternity leave.
Feeling aggrieved, the officer approached the Federal Ombudsperson’s office, naming several senior officials in his complaint, including the SBP governor, the managing director of BSC, the head of the Human Resource Management Department (HRMD), and the chief manager. He argued that the denial of leave not only contravened the recently enacted law but also undermined the principle of equal parental responsibility enshrined in national legislation.
Upon reviewing the matter, Federal Ombudsperson Fauzia Waqar concluded that the refusal to grant paternity leave was inconsistent with the provisions of the Maternity and Paternity Leave Act, 2023. In her detailed order, she directed the State Bank’s subsidiary to grant the complainant 30 days of paternity leave with full pay. The decision underscored that statutory rights provided under federal law cannot be overridden by internal policies or outdated administrative practices.
In addition to granting the leave, the ombudsperson imposed a financial penalty of Rs 500,000 on the State Bank. Of this amount, Rs 400,000 is to be paid directly to the complainant as compensation, while the remaining Rs 100,000 must be deposited into the national treasury within 30 days. The penalty serves both as redress for the affected employee and as a deterrent against future violations.
Significantly, the order went beyond individual relief and addressed broader institutional reform. The ombudsperson directed SBP BSC to revise and update its leave policies to ensure full compliance with the Maternity and Paternity Leave Act, 2023. The institution has been instructed to amend its rules in a manner that clearly recognizes and facilitates both maternity and paternity leave in accordance with the law.
The ruling makes it clear that denying paternity leave can constitute gender-based harassment. It emphasized that workplace policies or decisions that reinforce stereotypical notions—such as the idea that only women are responsible for childcare—violate constitutional principles of equality and fairness. The order noted that modern legal and social frameworks recognize parenting as a shared responsibility between both parents.
Furthermore, the decision highlighted the impact of such denial on the well-being of the child. The ombudsperson observed that the early days following childbirth are critical not only for the mother’s recovery but also for establishing bonding and shared caregiving responsibilities between both parents and the newborn. Preventing fathers from taking leave during this period undermines the best interests of the child and disrupts the collaborative foundation of family life.
The case also brings attention to the broader objectives of the Maternity and Paternity Leave Act, 2023. The law was enacted to promote family-friendly workplace policies and ensure that employees are not forced to choose between professional obligations and parental duties. By explicitly recognizing paternity leave, the legislation aims to dismantle traditional gender roles that confine caregiving responsibilities primarily to women.
Legal experts suggest that this ruling could have far-reaching implications for workplaces across Pakistan. As a federal decision, it establishes a persuasive precedent that other institutions—both public and private—will likely need to consider when formulating or revising their HR policies. Employers who fail to comply with statutory requirements may face legal consequences, including financial penalties and reputational damage.
The decision also strengthens the institutional role of FOSPAH in addressing workplace discrimination. By framing the denial of paternity leave as a form of gender-based harassment, the ombudsperson expanded the interpretation of workplace equity. This broader understanding recognizes that discrimination can affect both men and women when policies reinforce unequal treatment or outdated social assumptions.
Advocates for workplace reform have welcomed the verdict, describing it as a progressive step toward gender balance in professional environments. They argue that enabling fathers to participate actively in early childcare promotes healthier family dynamics and reduces the disproportionate burden often placed on working mothers. In the long term, such policies may also contribute to improved employee morale, productivity, and retention.
The ruling reinforces the principle that statutory rights granted by parliament must be implemented in both letter and spirit. Institutions cannot rely on internal policy gaps or administrative technicalities to deny employees benefits guaranteed by law. Compliance with federal legislation is mandatory, and failure to do so may attract both corrective orders and punitive measures.
By compelling SBP BSC to align its internal framework with national law, the ombudsperson’s office has signaled that institutional inertia will not be tolerated where fundamental rights are concerned. The directive to amend the leave policy ensures that future employees will not face similar obstacles when exercising their entitlement to paternity leave.
Ultimately, the decision represents more than an individual victory for one bank officer. It affirms a broader societal shift toward recognizing shared parenting responsibilities and dismantling discriminatory workplace norms. By upholding fathers’ rights to paternity leave, the ombudsperson has reinforced the values of equality, fairness, and family well-being.
As organizations across the country review their human resource policies in light of this development, the ruling is expected to serve as a benchmark for compliance with the Maternity and Paternity Leave Act, 2023. It underscores that supporting both mothers and fathers in their caregiving roles is not merely a progressive ideal but a legal obligation grounded in principles of equality and the best interests of the child