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No loss of career prospects after maternity leave, said Delhi High Court
The Delhi High Court mandates that maternity leave cannot result in loss of role or career prospects for women employees in workplaces, including private companies. The ruling applies Section 12 of the Maternity Benefit Act to mandate protection against substantive disadvantage upon return to work.
Delhi High Court Ruling on Maternity Leave:
| Dimension | Key Details |
|---|---|
| Return to previous position | The ruling mandates that a woman returning from maternity leave in a private company is generally entitled to resume her previous position. |
| Professional disadvantage | The ruling mandates that a woman must not be placed at a professional disadvantage, including: reduction in responsibilities, curtailment of managerial authority, or limitations on prospects for career advancement. |
| Section 12 protection under the Maternity Benefit Act | Section 12 provides for protection beyond continuity of employment and continuity of wages, and provides for the right to return to work without substantive disadvantage in professional status, responsibilities, authority, and prospects of career advancement. |
| Applicability condition for protection | The protection applies when any disadvantage arises solely due to pregnancy or the use of maternity leave. |
| When original post is unavailable | The ruling mandates that if the previous position is unavailable for valid and documented organizational reasons, the employer must offer a role as equivalent as possible in pay, grade, status, responsibilities, managerial authority, and prospects of advancement. |
| Post-maternity adjustments and statutory protection | The ruling mandates that a woman requesting adjustments due to post-maternity circumstances in duties, working hours, or workplace role does not waive statutory protections, and such arrangements cannot be used against her in performance appraisals or promotion decisions. |
| Directions to the Central government | The court mandates the Centre, within 6 months, to frame rules or schemes or issue directions on: pregnancy-related workplace accommodation, protection of role and status after maternity leave, lactation support, creche functionality, grievance redressal mechanisms, and protection against retaliation for availing maternity-related rights. |