“Article 35 of the Constitution provides that the state shall protect the marriage, the family, the mother and the child,” Justice Muzamil Akhtar Shabbir was quoted as saying in Dawn.
The LHC was hearing a petition filed by Sobia Nazir, a female senior teacher of the Punjab Workers Welfare Board (PWWB) who was denied maternity leave. The court directed the PWWB to grant the teacher maternity leave in addition to salary and pay during that period.
The PWWB had rejected Sobia's application for maternity leave, saying that she was not entitled to it under the terms and conditions of her contract. She was working on an internship / retainer basis as a senior IT teacher at the Worker Welfare School (Girls) Warbton, Nankana Sahib district, Punjab.
“Obviously the law does not compel any person to perform an act which is beyond his/her capacity and the same principle is also recognised by Islam,” Justice Akhtar added.
Most countries in the world guarantee paid maternity leave for new moms. In Estonia, new mothers can receive up to a year and half of paid leave. In Japan, women receive up to one year. Turkey guarantees 16 weeks of maternity leave.