HC Upholds Maternity Leave Rights

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Allahabad High Court rules in favour of employee, says Maternity Benefit Act prevails over financial rules

April 22, 2026: The Allahabad High Court’s Lucknow bench has delivered a significant ruling on maternity rights, stating that a woman cannot be denied maternity leave for a second time within two years of her first leave. The court emphasised that statutory rights granted under the Maternity Benefit Act, 1961 take precedence over provisions in financial handbooks or executive rules.

The bench of Justice Karunesh Singh Pawar passed the order while hearing a petition filed by Manisha Yadav, who had challenged the rejection of her second maternity leave application. The state had cited Rule 153(1) of its Financial Handbook, which mandates a two-year gap between maternity leaves. However, the petitioner argued that such provisions cannot override a welfare law enacted by Parliament.

Agreeing with this argument, the court set aside the earlier order and directed authorities to grant maternity leave to the petitioner from April 6 to October 2. The ruling reinforces that in case of conflict, provisions of the Maternity Benefit Act will prevail, strengthening legal protections for working women.

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