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Allahabad High Court: Second maternity leave within 2 years cannot be denied

The Allahabad High Court held that a second maternity leave cannot be denied merely because it falls within two years of the first. It ruled that the Maternity Benefit Act, 1961 overrides the financial handbook, set aside a 2026 denial, and directed that leave be granted from April 6 to October 2, 2026.

Why It Matters

The ruling clarifies the supremacy of national maternity protections over executive instructions, potentially expanding rights for working mothers under the Maternity Benefit Act.

Timeline

5 Events

April 22, 2026: Article publication reporting the decision

April 22, 2026

NDTV syndicated report published on April 22, 2026 about the Allahabad High Court's ruling.

April 6, 2026: High Court directs grant of maternity leave

April 6, 2026

The Allahabad High Court set aside the April 4, 2026 order and directed the competent authority to grant Manisha Yadav maternity leave from April 6, 2026, to October 2, 2026, holding that the Maternity Benefit Act overrides the financial handbook.

April 4, 2026: Government rejects second maternity leave

April 4, 2026

The state government rejected Manisha Yadav's request for a second maternity leave, arguing a minimum two-year gap under Rule 153(1) of the financial handbook.

2022: Second maternity leave application filed and rejected

2022

Yadav applied for a second maternity leave in 2022, which was rejected.

2021: First child born to Manisha Yadav

2021

Manisha Yadav had her first child in 2021.