The Allahabad High Court has dismissed a state government employee’s plea seeking maternity leave for the birth of her fourth child, saying she was not eligible for the leave under the applicable rules.
Justice Manju Rani Chauhan passed the order on August 7 while hearing a petition filed by Shashi Kumari, a state government employee.
Kumari had challenged an order issued on June 19 by the Block Education Officer, Sambhal (Bheem Nagar). The officer had rejected her request for maternity leave for her fourth child.
She asked the high court to direct the authorities to grant her six months of maternity leave under the law.
What did the state govt argue?
The state government opposed the petition, saying the rules did not allow maternity leave for the fourth child.
The government’s lawyer argued that Kumari was not entitled to maternity leave in the circumstances and that there was no reason for the high court to interfere with the education officer’s order.
Kumari’s lawyer, however, said she had not taken maternity leave when her first three children were born. Since she had never availed the benefit earlier, her counsel argued that she should be allowed maternity leave now.
Her lawyer also claimed that the education officer’s decision was arbitrary and not legally valid.
What did the court say?
During the hearing, the state counsel referred to a statement made in Kumari’s own petition and argued that she had already availed maternity leave.
The high court took the state’s submission on record and found no reason to interfere with the authorities’ decision. Justice Chauhan subsequently dismissed the petition.
What does the Maternity Benefit Act state?
The Maternity Benefit Act, 1961, is the main law governing maternity benefits for eligible women employees in India. It provides for paid maternity leave and other protections related to pregnancy and childbirth.
The law was amended in 2017 to increase paid maternity leave for eligible women from 12 weeks to 26 weeks for the first two surviving children. For a woman having two or more surviving children, the maternity leave entitlement is 12 weeks.
The Act also provides benefits such as leave related to miscarriage and certain pregnancy-related medical conditions. It places restrictions on employers from requiring women to work during specified periods around childbirth and provides protection against dismissal or adverse treatment because of maternity leave.
The maternity leave provisions apply subject to the Act’s eligibility requirements and the number of surviving children. Government employees may also be governed by separate service rules, which can affect their entitlement to maternity leave.
(With agency inputs)
