Maternity leave cannot lead to loss of role or career prospects: Delhi HC

The Delhi High Court has ruled that a woman returning from maternity leave at a private company is ordinarily entitled to resume her previous position and cannot be placed at a professional disadvantage by reducing her responsibilities, managerial authority or prospects of career advancement.

Justice Sachin Datta, in the August 31 judgment, held that the protection available under Section 12 of the Maternity Benefit Act is not limited to safeguarding continuity of employment or wages. What legal protections exist for women returning from maternity leave?

“It also encompasses the right of a woman employee to resume her employment without suffering any substantive disadvantage in her professional status, responsibilities, authority, or prospects of career advancement solely by reason of pregnancy or the availing of maternity leave,” the court said.

The court was hearing a petition filed by chartered accountant Rakhi Bisht, who alleged that she was sidelined by a private company after returning from maternity leave. Ms. Bisht, who had around 14 years of professional experience, went on maternity leave in December 2023 while working as an accounting manager and supervising a team.

She resumed work in July 2024. Advocate Parul Singh, representing Ms. Bisht, alleged that on her return, she was told that her earlier position was no longer available and had been assigned to the treasury department. According to her, the new role was substantially inferior and involved no staff reporting to her.

She also alleged that male colleagues had been promoted to senior manager during her absence. The employer denied that she had been demoted, pointing out that her salary, designation and seniority remained unchanged. It said the treasury assignment was a managerial role commensurate with her experience and was necessitated by organisational changes.

The court rejected the company’s contention that the dispute concerned a private contract of employment and could not be examined in a writ petition. Justice Datta further held that a woman seeking an adjustment in her duties, working hours, workplace or role because of post-maternity circumstances should not be treated as having waived her statutory protection.

Such an arrangement cannot be held against her in appraisal or promotion, the court said. The court also directed the Centre to frame rules or schemes, or issue directions, within six months on pregnancy-related workplace accommodation, protection of role and status after maternity leave, lactation support, creche functionality, grievance redressal and protection against retaliation.

In Ms. Bisht’s case, the court found that her earlier post had been filled during her maternity leave without informing or consulting her. As Ms. Bisht had voluntarily resigned from the company and joined another employer, the court awarded her ₹10 lakh in compensation and ₹1.5 lakh in costs.