Explorer

Women Can’t Be Refused Second Maternity Leave Within 2 Years: High Court

The Uttar Pradesh government cited Rule 153(1) of the Financial Handbook, arguing that a minimum gap of two years between two maternity leaves is mandatory.

The Lucknow bench of the Allahabad High Court has delivered an important ruling on maternity leave for working women. Hearing the matter on Tuesday, the court said that a woman cannot be denied maternity leave for a second time within two years of her first leave. It further observed that rights granted under law take precedence over provisions in financial handbooks.

The bench of Justice Karunesh Singh Pawar passed the order while hearing a petition filed by Manisha Yadav. The petitioner had challenged an order dated April 4, 2026, which had rejected her application for a second maternity leave.

Petitioner's Argument

The petitioner argued that the Maternity Benefit Act, 1961, is a welfare legislation and its provisions must be given priority. On the other hand, the state government cited Rule 153(1) of the Financial Handbook, arguing that a minimum gap of two years between two maternity leaves is mandatory. The court heard arguments from both sides before delivering its verdict.

Referring to previous judgments, the court held that since the Maternity Benefit Act is a law enacted by Parliament, it overrides any executive instructions or provisions in financial handbooks. In case of any conflict, the provisions of the Act will prevail.

The court noted that the petitioner had her first child in 2021 and had applied for a second maternity leave in 2022, which was rejected on incorrect grounds. Setting aside the earlier order, the bench directed the concerned authority to grant her maternity leave from April 6 to October 2.

About the author Deepika Bhatt

Deepika Bhatt is a Deputy News Editor at ABP Live English. With a keen eye on national politics and a firm pulse on what city readers crave, she likes breaking one story at a time. She ensures that news stories provide a comprehensive information package.

For any tips and queries, you can reach out to her at deepikab@abpnetwork.com.

Read More

Top Headlines

Bulldozer Outside Abhishek Banerjee’s Residence As Civic Body Removes Shed, Dismantles Gate
Bulldozer Outside Abhishek Banerjee’s Residence As Civic Body Removes Shed, Dismantles Gate
Delhi-NCR GRAP-III: Schools In Noida To Hold Classes Up To Class 5 In Hybrid Mode
Delhi-NCR GRAP-III: Schools In Noida To Hold Classes Up To Class 5 In Hybrid Mode
Delhi-NCR Chokes On Toxic Air Days After Diwali, IIT Delhi Records Severe AQI Of 412
Delhi-NCR Chokes On Toxic Air Days After Diwali, IIT Delhi Records Severe AQI Of 412
Kulgam Terror Attack: CCTV Captures Attack On CRPF Personnel And Moments After Gunfire
Kulgam Terror Attack: CCTV Captures Attack On CRPF Jawans And Moments After Gunfire

Videos

Owaisi Questions: Asaduddin Owaisi Demands List of 1.27 Crore Deleted Voter Names
Political Challenge: Chandrashekhar Azad Announces Plans to Contest All 403 UP Assembly Seats
New Alliance: Owaisi and Chandrashekhar Announce Samajik Parivartan Morcha in UP
CM Candidate: Chandrashekhar Azad Named Chief Ministerial Face of Samajik Parivartan Morcha
Political Shakeup: New Dalit-Muslim Alliance Prepares to Change UP's Political Equations

Photo Gallery

25°C
New Delhi
Rain: 100mm
Humidity: 97%
Wind: WNW 47km/h
See Today's Weather
powered by
Accu Weather
Embed widget