Allahabad High Court's big decision on maternity leave, now two maternity leave in two years

Pankaj Prasad
Allahabad High Court
Allahabad High Court

In the matter of maternity leave, the Allahabad High Court has given a big relief to the women employees on Thursday.

Allahabad High Court: In the matter of maternity leave, the Allahabad High Court has given a big relief to the women employees on Thursday. The High Court said that it is against the law to deny the benefit of two maternity leave to a female employee in two years. Hearing a petition filed in the High Court, the court said that there is no such obligation in the Maternity Benefit Act that the benefit of maternity leave should be given only after two years.

Teacher posted in Firozabad

According to the information, the court has canceled the order of the Firozabad Basic Education Officer (BSA). Ordered that the petitioner should be given the benefit of second maternity leave. Along with this, he has also been ordered to give other benefits including salary. Justice Siddhartha gave this order while accepting the petition of Sunita Yadav, an assistant teacher posted in Nagla Balu, a higher primary school in Firozabad.

what is the matter?

The petitioner had taken 180 days paid maternity leave in the year 2020. After this she applied for second maternity leave to BSA in May 2022. The BSA rejected the petitioner's application on the ground that a gap of two years is necessary between two maternity leaves. The standing counsel representing the state government said that the BSA has given the order as per the rules given in the financial handbook.

what is maternity leave?

According to the Maternity Benefit (Amendment) Act, 2017, a pregnant woman is eligible for maternity leave up to 26 weeks i.e. six and a half months. It can start as early as 8 weeks before the expected date of delivery. But there is a condition attached to this leave that any woman can take this leave for her first two pregnancies. There is also a provision of giving maternity leave for 12 weeks in case of third child.