The Allahabad High Court has said in its important decision that maternity leave cannot be denied after the birth of a child. Under the law, a woman has the right to take maternity leave even after the birth of a child. The court said that both maternity leave and child care leave are different holidays. Both can be taken together. The child is born. It is wrong to deny maternity leave on this basis.
The court quashed the order of the District Primary Education Officer Eta for refusing to grant maternity leave after the birth of a child as illegal and directed to pay the head teacher of Primary School Hirapur her regular salary along with arrears. The court directed the BSA to issue the order within two weeks.
BSA had said that maternity leave will not be available after the birth of the child. While the petitioner can take child care leave, the petitioner sought 180 days maternity leave. The petition challenged the law rejecting this demand.
The petitioner said that under the Maternity Benefit Act, a woman has the right to take maternity leave before and after the birth of a child. It is a law passed by Parliament. The BSA has erred in its understanding of the law and its salary withholding order is also illegal. The petitioner is entitled to maternity leave under the law. She can take maternity and child care leave.
Published by:Drishti Gupta
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