High Court Rules Second Maternity Leave Cannot Be Denied Within Two-Year Gap
Court: Second Maternity Leave Not Deniable Within Two Years

High Court Upholds Statutory Maternity Rights Over Financial Handbook Rules

The Lucknow bench of the Allahabad High Court delivered a significant ruling on Tuesday, asserting that a second maternity leave cannot be denied to an employee solely because it is requested within two years of the first maternity leave. This landmark judgment clarifies that statutory rights granted under law take precedence over any provisions outlined in financial handbooks or executive instructions.

Case Background and Petitioner's Challenge

The order was issued by a single bench presided over by Justice Karunesh Singh Pawar, who was hearing a petition filed by Manisha Yadav. Yadav had contested an order dated April 4, 2026, which rejected her application for a second maternity leave. Her legal team argued that the Maternity Benefit Act of 1961 is a beneficial piece of legislation designed to protect women's rights, and its provisions must be given priority in all circumstances.

State Government's Defense and Court's Analysis

In response, the state government relied on Rule 153(1) of the financial handbook, which stipulates that a minimum gap of two years is mandatory between two maternity leaves. However, the court meticulously examined this argument in light of existing legal precedents. It observed that the Maternity Benefit Act, as a law enacted by Parliament, holds supremacy over any executive instructions or handbook rules. In instances of inconsistency, the provisions of the Act will have an overriding effect, ensuring that statutory protections are not undermined by administrative guidelines.

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The court noted that Yadav had applied for her second maternity leave in 2026, within two years of her first child's birth, and her request was rejected on grounds deemed untenable. This rejection was seen as a violation of her legal entitlements under the Maternity Benefit Act, which aims to support working mothers without imposing arbitrary temporal restrictions.

Court's Directive and Implications

In a decisive move, the court set aside the impugned order and directed the competent authority to grant Yadav maternity leave from April 6, 2026, to October 2, 2026. This ruling not only provides relief to the petitioner but also sets a crucial precedent for similar cases across the country. It reinforces the principle that statutory rights, especially those enshrined in welfare legislation like the Maternity Benefit Act, cannot be diluted by subordinate rules or financial handbooks.

This judgment underscores the judiciary's role in safeguarding women's rights in the workplace, ensuring that legal protections are upheld against bureaucratic hurdles. It serves as a reminder to employers and governmental bodies that compliance with statutory mandates is non-negotiable, and any attempts to circumvent these through internal regulations will be subject to judicial scrutiny.

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