Can’t deny maternity leave after birth of child: High Court

The Allahabad High Court in a recent judgment has held that a woman is entitled to maternity leave even after the birth of her child.

Justice Ashutosh Shrivastava pointed out that a woman has the right to avail maternity leave even after the birth of the child and this benefit can be even extended in the case of a legal adoption of a child of less than three months.

"The Act of 1961 was enacted to secure women's right to pregnancy and maternity leave and to afford women with as much flexibility as possible to live an autonomous life, both as a mother and as a worker, if they so desire," the court said.

The court was hearing a plea filed by one Saroj Kumari, who had sought a write of certiorari against an order of the District Basic Sikshah Adhikari, Etah, whereby she had been denied maternity leave on the ground that the same cannot be granted after the birth of a child. The order also said that the petitioner can apply for child care leave under the Act.

The petitioner was posted as a headmistress of a primary school and her service conditions were governed by the Uttar Pradesh Basic Education (Teachers) Service Rules 1981.

She gave birth to a girl child in 2022. She applied for maternity leave in the prescribed forma, but the same had been rejected with the reason that she is entitled for maternity leave after the birth of a child. She could apply only for child care leave, the order said, following which she moved the High Court.

She told the High Court that the denial of maternity leave on the ground that the child was born is illegal and erroneous. She also said that child care leave is distinct from maternity benefit and operates in different fields and relegating the petitioner to avail child care leave was completely unwarranted.

She also highlighted before the court that her salary was stopped since November and December 2022.

The court examined the purpose of the enactment of the 1961 Act, which is to regulate employment of women in certain establishments for certain periods before and after the birth of a child.

"These provisions have been made by Parliament to ensure that the absence of a woman away from the place of work occasioned by the delivery of a child does not hinder her entitlement to receive wages for that period or for that matter for the period during which she should be granted leave in order to look after her child after the birth takes place," the court noted.

The court also underlined that under Section 5, a woman is entitled to maternity leave even after the birth of a child.

"From the perusal of the Preamble of the Act, Section 5 (1), third proviso to sub-section 3 of Section 5, sub-section 4 of Section 5, it is more than apparent that the Maternity Benefit can be extended even after birth of a child. It can even be extended in a case of a legal adoption of a child or less than three months," the judge said.

On the issue relating to child care leave, the court placed its reliance on the judgment of the Supreme Court in the Deepika Singh vs Central Administrative Tribunal.

It said, "availability of child care leave to the petitioner or grant of the same cannot dis-entitle the petitioner for grant of maternity benefit. Maternity benefit and child care leave both operate in different fields and are mutually exclusive."

"It is a harsh reality that but for such provisions many women would be compelled by social circumstances to give up work on the birth of the child if they are not granted leave and other facilitative measures. No employer can perceive child birth as detracting from the purpose of employment. Child birth has to be construed in the context of employment as a natural incident of life and the provisions of the Maternity Benefit Act are required to be construed in that perspective," the Court said.

While making these observations, the court set aside the order passed by the District Basic Education Officer of Utah, who had refused to grant maternity leave to the petitioner after the birth of her child.

The court also directed the authority to release the arrears of salary and pay the salary month to month to the petitioner as and when the same falls due.