The Allahabad High Court held that a woman cannot be denied a second maternity leave because she seeks it within two years of her first, stressing that statutory protections under the Maternity Benefit framework override financial handbook provisions.
The Allahabad High Court ruled that a woman cannot be denied a second maternity leave solely because she seeks it within two years of her first leave.
The court observed that statutory protections under the Maternity Benefit framework take precedence over provisions in the financial handbook.
The decision was delivered by Justice Karunesh Singh Pawar of the Lucknow Bench while hearing a petition filed by Manisha Yadav. She challenged an order dated April 4, 2026, which rejected her request for a second maternity leave.
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Yadav argued that the Maternity Benefit Act, 1961 is a beneficial piece of legislation and that its provisions should prevail. The state government, however, cited Rule 153(1) of the financial handbook, claiming that a two-year minimum interval between two maternity leaves is required.
Legal Provisions Supporting Second Maternity Leave
1. Section 5: of the Maternity Benefit Act, 1961
The main law governing maternity leave in India is the Maternity Benefit Act, 1961.
Key points relevant to second maternity leave:
- Section 5(3) allows 26 weeks of maternity leave for a woman for every childbirth, not just the first.
- The law does not impose any minimum gap between two pregnancies.
- It clearly says maternity benefit is available “for the period immediately preceding the expected date of delivery and for such period after delivery” for each childbirth.
2. Section 5(2): Eligibility Requirement
A woman is eligible if she has worked at least 80 days in the 12 months immediately before the expected delivery date. No clause restricts benefits based on how soon pregnancies occur.
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Relying on earlier precedents, the court held that since the Maternity Benefit Act was enacted by Parliament, it would supersede any executive directions or handbook rules. The court further noted that where there is any inconsistency, the Act’s provisions would have an overriding effect.
The court also recorded that the petitioner gave birth to her first child in 2021 and sought a second maternity leave in 2022, which was refused on grounds it described as untenable.
Accordingly, the court set aside the impugned order and directed the competent authority to grant her maternity leave from April 6, 2026, to October 2, 2026.