Ombudsperson fines SBP for denying paternity leave to its employee

ISLAMABAD: Federal Ombudsperson for Protection Against Harassment of Women at the Workplace Fauzia Viqar Monday 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 bank’s act gender-based discrimination and a violation of workplace rights.

In a strongly-worded final order, the ombudsperson held that the denial of paternity leave constituted harassment in the form of gender discrimination under the Protection Against Harassment of Women at the Workplace Act, 2010.

The complaint was filed by an officer of SBP Banking Services Corporation whose request for 30 days’ paternity leave under the Maternity and Paternity Leave Act 2023, was rejected on the grounds of “policy non-existence,” despite the law being in force.

Article 38 of the Constitution obliges the state to ensure social and economic wellbeing, humane working conditions and equitable treatment without discrimination, according to the ombudsperson.

Rejecting the bank’s claim of institutional autonomy, the ombudsperson examined the State Bank of Pakistan Act, 1956, the SBP Banking Services Corporation Ordinance, 2001, the Rules of Business, 1973, and SBP’s own submissions before the Lahore High Court.

She declared that the SBP was owned, controlled and supervised by the federal government and that its subsidiary couldn’t evade federal welfare legislation. Fauzia Viqar said selective implementation of the Maternity and Paternity Leave Act, granting maternity leave while denying paternity leave, reinforced outdated gender stereotypes and violated constitutional principles of equality and dignity, including Articles 25, 27 and 37.

She emphasised that caregiving responsibilities were not solely a woman’s role and that denying paternity leave undermined shared parental responsibility, maternal health and the best interests of the child.

Finding the discrimination established and undisputed, the ombudsperson directed SBP to pay a total fine of Rs500,000, including Rs400,000 as compensation to the complainant and Rs100,000 to be deposited into the exchequer.

The bank was also ordered to grant the employee 30-day paternity leave with full pay and amend its leave policy to comply fully with the Maternity and Paternity Leave Act, 2023. Fauzia Viqar said that internal institutional policies couldn’t override statutory rights and that workplace gender equality was a constitutional obligation.

She warned that federal institutions, including autonomous bodies, remained bound by welfare legislation and could face legal consequences for discriminatory practices.