Maternity leave within 2 years of 1st child legal, says Allahabad high court

LUCKNOW: The Lucknow bench of the Allahabad high court on Tuesday held that a second maternity leave cannot be denied merely because it is sought within two years of the first. The court clarified that provisions of the financial handbook cannot override statutory rights granted under law.

The order was passed by a single bench of Justice Karunesh Singh Pawar while hearing a petition filed by one Manisha Yadav.

Yadav had challenged an order of April 4, 2026, by which her request for a second maternity leave had been rejected.

It was argued on behalf of the petitioner that the Maternity Benefit Act, 1961 is a beneficial legislation and its provisions must be given precedence. On the other hand, state govt relied on Rule 153(1) of the financial handbook to contend that a minimum gap of two years between two maternity leaves is mandatory.

Referring to earlier judgments, the court observed that the Maternity Benefit Act, being a law enacted by Parliament, prevails over any executive instructions or provisions contained in the financial handbook. In case of any inconsistency, the provisions of the Act will have an overriding effect.

The court noted that the petitioner had applied for a second maternity leave in 2026 within two years of her first child. The leave was rejected on untenable grounds. Setting aside the impugned order, the court directed the competent authority to grant her maternity leave from April 6, 2026, to Oct 2, 2026.