SBP slapped fine for denying paternity leave, ruling finds gender-based discrimination

The Federal Ombudsperson for Protection Against Harassment of Women at the Workplace, Fauzia Viqar, has imposed a fine of Rs500,000 on the State Bank of Pakistan (SBP) for unlawfully denying paternity leave to a male staff member, declaring the action a violation of workplace rights and gender-based discrimination, The News reported. 

The complaint was filed by a staff member of the SBP Banking Services Corporation after his request for paternity leave was rejected due to the alleged "non-existence" of a policy, despite the law being in effect.

In her ruling, the ombudsperson asserted that the denial of 30 days’ paternity leave to the employee under the Maternity and Paternity Leave Act 2023 amounted to harassment and discrimination. She argued that caregiving should not be exclusively a woman's responsibility and that denying paternity leave undermines shared parental duties and maternal health.

The ombudsperson referenced Article 38 of the Constitution, which mandates the state to ensure equitable treatment without discrimination. She rejected SBP’s claim of institutional autonomy, stating that the SBP, being owned and supervised by the federal government, could not bypass federal welfare laws.

Viqar emphasised that selective enforcement of the Maternity and Paternity Leave Act, which grants maternity leave but denies paternity leave, reinforces outdated gender stereotypes and violates constitutional principles of equality, dignity, and fairness. 

The ombudsperson ordered SBP to pay Rs400,000 as compensation to the complainant and Rs100,000 to the government exchequer. In addition, SBP was instructed to grant the employee the 30-day paternity leave with full pay and revise its leave policy to comply with the Maternity and Paternity Leave Act fully.

Viqar warned that federal institutions, including autonomous bodies like SBP, must adhere to welfare legislation or face legal consequences for discriminatory practices.