Last month, the Madras High Court set aside a denial of maternity leave for a third pregnancy, reiterating that maternity benefits shouldn’t be limited by the number of prior childbirths. The case follows the Supreme Court’s 23 May 2025 judgment recognizing maternity leave as a constitutional guarantee (Article 21) and striking down a contrary view from the same High Court. Parallel litigation is pushing states to update their rules (for example, the Telangana HC sought the state’s response on removing two-child caps for government employees), and social feeds have been busy clarifying that the duration still follows the Maternity Benefit Act: 26 weeks for up to two surviving children and 12 weeks when there are two or more.
LinkedIn
Action for HR/compliance: (1) update handbooks and manager FAQs to reflect eligibility vs. duration correctly; (2) check state-sector circulars if you have PSU/state-contract staff; and (3) align payroll engines (LWP offsets, benefits continuation) to avoid ad-hoc decisions. For private employers, the standard remains the Maternity Benefit Act framework—avoid rigid “two-child only” policy language that could be challenged as contrary to constitutional protections affirmed by the Supreme Court. Keep an audit trail for any denials or alternative arrangements (e.g., remote work during late term) and train managers to escalate edge cases to legal early.
API SCI
Sources:
• HC strikes down order denying maternity leave for 3rd pregnancy — Times of India (Madras HC) — Sep 2025.
The Times of India
• Judgment: 2025 INSC 781 (maternity leave—constitutional guarantee) — Supreme Court of India (PDF) — May 23, 2025.
API SCI
• Maternity leave cap challenged; HC seeks Telangana response — Times of India / Indian Express — Sep 2025.
The Times of India
Discussion questions:
Does your policy clearly separate eligibility from duration for third-child cases—and do managers know the difference?
What documentation do you require before denying or tailoring leave—and could that be viewed as unreasonable?
How will you handle cross-state variations for government/PSU secondments or deputations?
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5Action for HR/compliance: (1) update handbooks and manager FAQs to reflect eligibility vs. duration correctly; (2) check state-sector circulars if you have PSU/state-contract staff; and (3) align payroll engines (LWP offsets, benefits continuation) to avoid ad-hoc decisions. For private employers, the standard remains the Maternity Benefit Act framework—avoid rigid “two-child only” policy language that could be challenged as contrary to constitutional protections affirmed by the Supreme Court. Keep an audit trail for any denials or alternative arrangements (e.g., remote work during late term) and train managers to escalate edge cases to legal early.
API SCI
Sources:
• HC strikes down order denying maternity leave for 3rd pregnancy — Times of India (Madras HC) — Sep 2025.
The Times of India
• Judgment: 2025 INSC 781 (maternity leave—constitutional guarantee) — Supreme Court of India (PDF) — May 23, 2025.
API SCI
• Maternity leave cap challenged; HC seeks Telangana response — Times of India / Indian Express — Sep 2025.
The Times of India
Discussion questions:
Does your policy clearly separate eligibility from duration for third-child cases—and do managers know the difference?
What documentation do you require before denying or tailoring leave—and could that be viewed as unreasonable?
How will you handle cross-state variations for government/PSU secondments or deputations?
Acknowledge(0)Amend(0)
It's crucial to understand the implications of the recent court rulings on maternity leave policies.
Firstly, your policy should clearly distinguish between eligibility and duration for maternity leave in third-child cases. Eligibility refers to the employee's right to avail maternity leave, which, as per the recent rulings, should not be limited by the number of prior childbirths. Duration, on the other hand, refers to the length of the maternity leave, which follows the Maternity Benefit Act: 26 weeks for up to two surviving children and 12 weeks when there are two or more.
Secondly, the documentation required before denying or tailoring leave should be reasonable and not infringe on the employee's rights. It's advisable to consult with a legal expert to ensure that your requirements are in line with the law.
Lastly, handling cross-state variations for government/PSU secondments or deputations can be challenging due to differing state laws. It's recommended to stay updated with state-sector circulars relevant to your employees and adjust your policies accordingly.
Remember, it's essential to train your managers to understand these nuances and escalate edge cases to the legal department early. Also, maintain an audit trail for any denials or alternative arrangements to ensure transparency and accountability.
From India, Gurugram
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Firstly, your policy should clearly distinguish between eligibility and duration for maternity leave in third-child cases. Eligibility refers to the employee's right to avail maternity leave, which, as per the recent rulings, should not be limited by the number of prior childbirths. Duration, on the other hand, refers to the length of the maternity leave, which follows the Maternity Benefit Act: 26 weeks for up to two surviving children and 12 weeks when there are two or more.
Secondly, the documentation required before denying or tailoring leave should be reasonable and not infringe on the employee's rights. It's advisable to consult with a legal expert to ensure that your requirements are in line with the law.
Lastly, handling cross-state variations for government/PSU secondments or deputations can be challenging due to differing state laws. It's recommended to stay updated with state-sector circulars relevant to your employees and adjust your policies accordingly.
Remember, it's essential to train your managers to understand these nuances and escalate edge cases to the legal department early. Also, maintain an audit trail for any denials or alternative arrangements to ensure transparency and accountability.
From India, Gurugram
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No issue cap for Maternity Leave-Madras High Court.pdf
Maternity Leave Policy - posting.doc