The Khyber Pakhtunkhwa Maternity Benefits Act
What is KP Maternity Benefits Act 2013?
Laws pertaining to the maternity benefits of employed women in the Province of the Khyber Pakhtunkhwa. The act streamlines the provincial laws governing the subject with the prevalent national and international standards. Salient features of the act are:
- Employment: Employers are liable to extend maternity benefit at the rate of woman employee’s wage rate preceding six weeks or during following six weeks of the expected date of delivery (Including day of delivery).
- Four Months Rule: The maternity entitlement will only be applicable provided the woman has been employed at least four months before the actual date of delivery.
- Duration: Knowingly employing women for work by their employers, preceding six weeks or duration following six weeks of the expected date of delivery will be deemed illegal and subject to further action by the concerned authorities (Department of Labor)
- Women During Pregnancy: Women not to be subjected to strenuous work that undermines her health preceding six weeks and following six weeks of the expected date of delivery.
- Dismissal: Employer can not dismiss a woman six months prior to her delivery date without a sufficient cause. If any case arises, the final decision rests with Director Labor in such matters.
- Death during Pregnancy: In case of death during pregnancy or afterwards, over the course of maternity entitlement, the maternity benefits may be extended to her nominated representatives. If she has not nominated, then the benefits will be shared by all her legal representatives.
How to Claim Maternity Entitlement?
- Women must notify her employer six weeks prior to the delivery of her child through oral intimation or in writing by prescribed form.
- Notice to the employer within seven days after child has been delivered is mandatory.
- Provision of medical certificate duly signed by a medical practitioner is required.
- In the absence of abovementioned proofs, the provision of maternity benefits may not be extended.
Civil Secretariat Peshawar
Government of Khyber Pakhtunkhwa