Prayagraj: The Allahabad High Court has said in an important decision that it is illegal to deny the benefit of two maternity leave to a female employee within a period of two years. The court has said that there is no such restriction in the Maternity Benefit Act that the benefit of maternity leave will be given only after two years. The court said that this benefit can also be given within two years.
With this order, the court has set aside the order of the Firozabad Basic Education Officer refusing to grant maternity leave within two years. The court ordered that the petitioner should be given the benefit of a second maternity leave. Along with this, other benefits including salary should also be provided to him during this period.
This order has been given by the Single Bench of Justice Siddharth while accepting the petition of Sunita Yadav, an assistant teacher posted in Nagla Balu, a higher primary school in Firozabad.
It is noteworthy that the petitioner had taken 180 days of paid maternity leave in 2020, after which the petitioner applied for a second maternity leave to BSA Firozabad in May 2022. The BSA rejected the petitioner’s application on the ground that a gap of two years is necessary between two maternity leaves.
The petitioner Sunita Yadav challenged the order of BSA in the Allahabad High Court, hearing which, while setting aside the order of BSA, the petitioner ordered 180 days of paid maternity leave.
