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.
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