Madras High Court Overturns Tamil Nadu's Restriction on Maternity Leave for Third Pregnancy
Madras high court nixes Tamil Nadu’s govt order which restricted maternity leaves to 12 weeks for 3rd pregnancy, says
The Times Of IndiaImage: The Times Of India
The Madras High Court ruled against a Tamil Nadu government order limiting maternity leave for third pregnancies to 12 weeks, stating it is unjustifiable and discriminatory. The court emphasized that maternity care is essential regardless of the number of pregnancies, directing authorities to grant equal leave for all pregnancies.
- 01Madras High Court found the 12-week maternity leave limit for third pregnancies unjustifiable.
- 02The court ruled that maternity care needs are the same for all pregnancies.
- 03The ruling came after a plea from Shayee Nisha, whose leave application was rejected.
- 04The court directed the Principal District Judge of Villupuram to approve maternity leave equal to earlier pregnancies.
- 05The decision aligns with the Supreme Court's established principles on maternity benefits.
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On Wednesday, the Madras High Court in Chennai, Tamil Nadu, ruled that the state government's order limiting maternity leave for third pregnancies to 12 weeks is unjustifiable and discriminatory. The bench, comprising Justices R. Suresh Kumar and N. Senthilkumar, highlighted that the needs for pre-delivery and post-delivery care are the same for all pregnancies, and thus, the government cannot impose such restrictions. This ruling was prompted by a plea from Shayee Nisha, who challenged the rejection of her maternity leave application by the Principal District Judge in Villupuram. The court stated that this deviation from the government's consistent policy on women's welfare contradicts both the Supreme Court's directives and the state's own policies. Consequently, the court ordered the Principal District Judge to reconsider Nisha's application and grant maternity leave equivalent to that of first and second pregnancies, disregarding the earlier government order issued on March 13.
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This ruling ensures that all pregnant employees in Tamil Nadu receive equal maternity benefits, promoting fairness in the workplace.
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