Bangladesh High Court Questions Legality of Restrictions on Maternity Leave and Benefits

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The Bangladesh High Court has issued a rule questioning the legality of existing labor laws and service regulations that restrict maternity leave based on the number of children or the duration of employment. A bench comprising Justice Fahmida Quader and Justice Md. Khasruzzaman issued the directive following a preliminary hearing on a writ petition filed by Supreme Court lawyer Ishrat Hasan.

The court has asked the government to explain why certain provisions of the 2006 Labor Act and the Bangladesh Service Rules (BSR) should not be declared unconstitutional. At the heart of the legal challenge are provisions that deny maternity benefits to women who have not completed at least six months of service at an institution, as well as those that restrict leave eligibility based on the number of surviving children.

Under the current BSR Rule 197, a female employee is barred from receiving maternity leave more than twice during her entire career. Furthermore, the Labor Act’s Section 46 mandates that a woman must be employed for at least six months to qualify for such benefits. The law also denies maternity leave if an employee already has two or more surviving children at the time of delivery, regardless of her length of service.

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During the proceedings, petitioner Ishrat Hasan argued that these limitations are discriminatory, inhumane, and fundamentally at odds with constitutional protections. She emphasized that the physical risks, medical needs, and child-rearing responsibilities associated with childbirth remain consistent regardless of whether it is a woman’s first or third child. The petition asserts that restricting benefits based on the number of children or tenure creates an unreasonable barrier that disproportionately impacts working women.

The court has directed several high-ranking officials, including the Cabinet Secretary, the Secretaries of the Law, Public Administration, Women and Children Affairs, Social Welfare, and Health ministries, to respond to the rule within four weeks. The petitioner is also seeking a court mandate for the government to formulate a uniform, equitable policy that ensures maternity protection for all working women, regardless of whether they are employed in the public or private sectors.