SHIMLA, March 20: The Himachal Pradesh High Court has ruled that a woman employee is entitled to 180 days of maternity leave even upon the birth of a third child, affirming that such benefits cannot be restricted based on the number of children.
The court observed that maternity leave is a fundamental right linked to the health and well-being of both mother and child, and cannot be denied on technical or policy grounds that limit the number of eligible births.
The ruling came while hearing a petition filed by a woman employee who was denied maternity leave for her third child under existing service rules.
The High Court emphasized that denying maternity leave in such cases would be inconsistent with the principles of social justice and gender equality.
Court’s Interpretation of Maternity Rights
The court noted that maternity benefits are not merely a service condition but are rooted in broader constitutional protections for women and children.
It stated that such benefits must be interpreted in a manner that supports maternal health and does not impose arbitrary restrictions on working women.
Impact on Government Employees and Policy
The decision is expected to impact service rules in the state, especially for government employees who may have previously faced restrictions related to maternity leave eligibility.
Legal experts say the judgment could set a precedent for similar cases, reinforcing the need for inclusive and equitable workplace policies.
Officials may now need to review existing policies to ensure compliance with the court’s directions.
