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Allahabad High Court Rules Second Maternity Leave Cannot Be Denied for Two-Year Gap

The court said Parliament’s Maternity Benefit Act prevails over Uttar Pradesh’s handbook rule requiring a two-year gap.

Overview

  • The Allahabad High Court’s Lucknow bench set aside a department’s April 4 order that refused a woman a second maternity leave.
  • Justice Karunesh Singh Pawar directed officials to grant petitioner Manisha Yadav leave from April 6 to October 2, 2026.
  • The state had relied on Rule 153(1) of Uttar Pradesh’s Financial Handbook, which requires a two-year gap between two maternity leaves.
  • The judge held that the Maternity Benefit Act, a national law that protects pregnant employees, overrides executive instructions in the handbook.
  • Citing the Anupam Yadav precedent, the court signaled that similar denials for Uttar Pradesh government staff may need to be reconsidered.