Woman Entitled To Maternity Leave Even After Birth Of Child As Per Maternity Benefit Act 1961: Allahabad High Court

The Allahabad High Court recently observed that the provisions of the Maternity Benefit Act 1961 allowing for the grant of benefits to a woman would be applicable even after the birth of the child.The bench of Justice Ashutosh Srivastava also opined that a woman can avail of maternity leave even after the birth of the child and such benefit can even be extended in a case of legal adoption of a child or less than three months.Further, taking into account the spirit of the 1962 Act, the Court also observed thus:"The Act of 1961 was enacted to secure women's right to pregnancy and maternity leave and to afford women with as much flexibility as possible to live an autonomous life, both as a mother and as a worker, if they so desire."Importantly, the Court also stressed that the grant of maternity leave is intended to facilitate the continuance of women in the workplace and that no employer can perceive childbirth as detracting from the purpose of employment. "It is a harsh reality that but for such provisions many women would be compelled by social circumstances to give up work on the birth of the child if they are not granted leave and other facilitative measures...Child birth has to be construed in the context of employment as a natural incident of life and the provisions of the Maternity Benefit Act are required to be construed in that perspective," the Court remarked.With this, the bench allowed the plea filed by a Headmistress at a Primary School (Saroj Kumari) challenging the orders two November 2022 orders passed by the District Basic Shiksha Adhikari, Etah turning down the leave sanction of maternity leave.Essentially, Petitioner Kumari gave birth to a girl child in a hospital on October 15, 2022, and after her discharge from the hospital, she immediately applied for maternity leave for the period 18.10.2022 to 15.4.2023 (for 180 days)However, her request for maternity leave was denied on the ground that maternity leave cannot be granted after childbirth and that she can only apply for childcare leave under the 1961 Act.Aggrieved by the denial of leave, she moved the High Court wherein it was argued by her counsel that the provisions of the Act of 1961 permit maternity benefits even after the birth of the child, and as such, the denial of the maternity leave to her on the ground that the child has already been born, the petitioner is not entitled to the maternity leave is per se illegal and erroneous.It was further argued that the Child Care Leave is distinct to the maternity benefit and the both operate in different fields and relegating the petitioner to avail of Child Care Leave is totally unwarranted.Taking note of the entire facts of the case, the Cour, at the outset, perused subsection (1) of Section 5 of the 1961 Act which confers an entitlement on a woman to the payment of maternity benefits at a stipulated rate for the period of her actual absence beginning from the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.The Court also took into account subsection (3) which specifies the maximum period for which any woman shall be entitled to maternity benefits. Against this backdrop, considering the preamble and aforementioned provisions of the 1961 Act, the Court observed thus:"These provisions have been made by Parliament to ensure that the absence of a woman away from the place of work occasioned by the delivery of a child does not hinder her entitlement to receive wages for that period or for that matter for the period during which she should be granted leave in order to look after her child after the birth takes place."Further, referring to Section 5 (1), third proviso to sub-section 3 of Section 5, sub-section 4 of Section 5, the Court noted that these provisions make it more than apparent that the Maternity Benefit can be extended even after the birth of a child. Significantly, the Court also opined that the availability of Child Care Leave to the petitioner or grant of the same cannot dis-entitle the petitioner from the grant of maternity benefit as Maternity benefits and Child Care Leave, both operate in different fields and are mutually exclusive.In this regard, the Court referred to Top Court's ruling in the case of Deepika Singh versus Central Administrative Tribunal 2022 LiveLaw (SC) 718, wherein it was held that independent of the grant of maternity leave, a woman is also entitled to the grant of Child Care Leave for taking care of her two eldest surviving children whether for rearing or for looking after any of their needs, such as education, sickness and the like.Consequently, opining that the District Basic Education Officer, Etah while rejecting the claim of the petitioner, overlooked the provisions of the Maternity Benefit Act, 1961, the bench set the order aside and directed the District Basic Education Officer, Etah to pass fresh orders keeping in mind the provisions of the Maternity Benefit Act,...

Woman Entitled To Maternity Leave Even After Birth Of Child As Per Maternity Benefit Act 1961: Allahabad High Court

Sparsh Upadhyay

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