[India] Statutory maternity leave cannot be denied to working woman

In India, the Supreme Court has ruled that a working woman cannot be deprived of her statutory right to maternity leave simply because her husband has two children from a previous marriage and she has taken leave to look after one of them, FG News reports.

The court was hearing a plea by a nurse at the Post Graduate Institute of Medical Education and Research (PGIMER) in Chandigarh, who was denied maternity leave because of her husband’s situation. He has two children from his first marriage and following the death of his first wife, the woman took leave to look after one of them.

On August 16, Justices DY Chandrachud and AS Bopanna said childbirth should be considered a natural aspect of the life of working women in the context of employment and this should be understood in the same context in the provisions of the law.

The apex court said that the purpose of granting maternity leave is to encourage women to join others in the workplace but pointed out it is also a hard truth that, despite such provisions, women are forced to leave their workplace after the birth of a child because they are not given other convenient measures including leave.

As per the rules, a female employee with less than two children can take maternity leave.

The bench observed that the fact that the woman was granted ‘child care leave’ for one of the two children born out of her husband’s earlier marriage may be a case of authorities at that time taking a compassionate approach.

This cannot, however, be used to deprive him of his entitlement to leave under Rule 43 of the Central Civil Services Leave Rules, 1972.

The court reportedly said that the provisions of the Central Civil Services Rules with regard to maternity leave need to be seen in accordance with the purpose of the Maternity Benefit Act enacted by the Parliament.

Referring to the provisions of the Act, the bench said that these provisions have been made by the Parliament to ensure that the absence of a woman from her workplace for the delivery of the child and the time or period for which she has taken care of her child should be no hindrance in their right to receive a salary.

The bench, setting aside the decision of the High Court and CAT, granted her maternity leave and directed that the facilities/benefits entitled to her be paid within two months of its order.

In India, the Supreme Court has ruled that a working woman cannot be deprived of her statutory right to maternity leave simply because her husband has two children from a previous marriage and she has taken leave to look after one of them, FG News reports.

The court was hearing a plea by a nurse at the Post Graduate Institute of Medical Education and Research (PGIMER) in Chandigarh, who was denied maternity leave because of her husband’s situation. He has two children from his first marriage and following the death of his first wife, the woman took leave to look after one of them.

On August 16, Justices DY Chandrachud and AS Bopanna said childbirth should be considered a natural aspect of the life of working women in the context of employment and this should be understood in the same context in the provisions of the law.

The apex court said that the purpose of granting maternity leave is to encourage women to join others in the workplace but pointed out it is also a hard truth that, despite such provisions, women are forced to leave their workplace after the birth of a child because they are not given other convenient measures including leave.

As per the rules, a female employee with less than two children can take maternity leave.

The bench observed that the fact that the woman was granted ‘child care leave’ for one of the two children born out of her husband’s earlier marriage may be a case of authorities at that time taking a compassionate approach.

This cannot, however, be used to deprive him of his entitlement to leave under Rule 43 of the Central Civil Services Leave Rules, 1972.

The court reportedly said that the provisions of the Central Civil Services Rules with regard to maternity leave need to be seen in accordance with the purpose of the Maternity Benefit Act enacted by the Parliament.

Referring to the provisions of the Act, the bench said that these provisions have been made by the Parliament to ensure that the absence of a woman from her workplace for the delivery of the child and the time or period for which she has taken care of her child should be no hindrance in their right to receive a salary.

The bench, setting aside the decision of the High Court and CAT, granted her maternity leave and directed that the facilities/benefits entitled to her be paid within two months of its order.