Second maternity leave cannot be denied, says Allahabad HC

Allahabad High Court observed  that a woman cannot be denied a second maternity leave just because it is taken within two years of the first leave. As per reports, the court clearly said that the law gives this right.

This observation was reportedly made by Justice Karunesh Singh Pawar while hearing a case filed by Manisha Yadav. Reportedly she had challenged an order dated April 4, 2026, where her request for second maternity leave was rejected.

Manisha Yadav reportedly argued that the Maternity Benefit Act 1961 supports her right to maternity leave and should be followed. As per reports, the state government said that according to Rule 153(1) of the financial handbook, there must be a gap of two years between two maternity leaves.

The court reportedly disagreed with the government, as it observed that the Maternity Benefit Act is a law made by Parliament, which outweighs government rules, if there is any conflict, the Act will be followed.

The court also noted that the petitioner had her first child in 2021 and applied for second maternity leave in 2022, which was wrongly rejected. As per reports, the court cancelled earlier order and directed the authorities to grant her maternity leave from April 6, 2026, to October 2, 2026.