The Delhi High Court has ruled that maternity leave should not lead to loss of job responsibilities, promotion opportunities or professional growth. The court said that women returning from maternity leave should generally be allowed to return to the same position and functional status they held before going on leave.
Court Awards Over ₹10 Lakh Compensation
The court awarded more than ₹10 lakh in compensation to a chartered accountant who faced professional difficulties after informing her employer about her pregnancy and returning from maternity leave.
Justice Sachin Datta said that motherhood should not become a reason for unequal treatment or professional disadvantage at the workplace.
The court said that if a woman is denied professional growth, promotion or important responsibilities because of pregnancy or maternity leave, such action can violate the principle of equality under Article 14 of the Constitution.
Same Designation and Salary Not Enough
The court said that simply keeping an employee’s designation, salary and seniority unchanged is not enough to meet maternity protection requirements.
According to the court, an employee’s conditions of service also include her duties, functional position, reporting structure, supervisory responsibilities and opportunities for career growth.
An employer cannot keep the same salary and designation on paper while removing meaningful responsibilities and career opportunities.
Woman Was Given Inferior Work After Leave
The petitioner had around 14 years of professional experience and was working as a manager in accounting when she went on maternity leave in December 2023.
She returned to work in July 2024 but claimed that her original position was no longer available. She was instead given work that was substantially lower in responsibility.
The employer argued that her designation, salary, level and seniority had remained unchanged. It said she had been given investment accounting and currency revaluation duties at the same managerial level because of organisational restructuring.
Maternity Protection Extends Beyond Salary
The High Court stressed that maternity protection is not limited to protecting a woman’s salary or job title. A woman returning from maternity leave should ordinarily be restored to the post she held before going on leave. The court observed that the legal protection covers the actual conditions of employment and not just the formal designation.
Constitutional Protection Also Applies
The court said that the protections provided under the Maternity Benefit Act and the Code on Social Security, 2020 are connected to constitutional guarantees. These protections can also apply when the employer is a private organisation. The court emphasised that women should not face professional setbacks simply because they became pregnant or took maternity leave.
Centre Asked to Strengthen Maternity Rules
The Delhi High Court also asked the Central government to consider framing rules or schemes, or issuing directions, to ensure effective implementation of maternity protections.
The suggested measures include clear rules on an employee’s role and status after maternity leave, lactation support, information about crèche facilities, timelines for maternity-related complaints, protection against retaliation and the appointment of authorities to receive and decide such complaints.
Key Takeaway
The judgment makes it clear that maternity leave should not become a reason for reducing a woman’s responsibilities or career opportunities. Returning employees should receive meaningful protection in their duties, position, reporting structure and professional growth, and not merely retain the same salary and designation.
