India’s conversation around maternity leave has often been shallow, limited to policy headlines and HR manuals. But this Supreme Court ruling forces us to go deeper.
Women’s health has long remained an overlooked area, from a lack of medical research to biases in treatment and limited reproductive freedom. Moreover, in many workplaces, support during and after pregnancy has never been given the attention it deserves. Maternity leave, a basic workplace right, is still treated as a favour rather than a necessity.
While policies like The Maternity Benefit Act exist on paper, working women continue to face barriers when they try to access the very benefits that are meant to support them. A recent Supreme Court verdict highlighted how these policy gaps still affect working women, especially when state rules clash with fundamental rights.
The Supreme Court recently ruled that maternity leave is part of a woman’s reproductive rights and must be protected as such. The Court overturned a Madras High Court order that had denied maternity leave to a woman after the birth of her third child, based on the State’s policy of limiting benefits to women with only two children.
Case background: K. Umadevi v. Government of Tamil Nadu
A government school teacher in Tamil Nadu filed a petition after she was denied maternity leave for her third child. The state cited Fundamental Rule 101(a) of Tamil Nadu’s service rules, which restricts maternity benefits to only the first two surviving children.
Initially, a single bench of the Madras High Court ruled in Umadevi’s favour. The court states that the state’s rule was in direct conflict with the central law, the Maternity Benefit Act of 1961. According to Article 254 of the Constitution, the central law takes precedence in case of conflict between central and state laws. However, a division bench later reversed this decision, arguing that the Maternity Benefit Act did not apply to state government employees, who are governed by state-specific service rules.
The case reached the Supreme Court, which ruled in favour of Umadevi. The Court clarified that maternity leave is part of a woman’s reproductive rights. It is now recognised as part of international human rights law, like the right to health. The verdict sets a new direction in how workplace policies should treat women’s reproductive and maternal health. It is especially relevant for women in government services.
Understanding India’s Maternity Leave Policy
The Maternity Benefit Act of 1961, last amended in 2017, is the primary law governing maternity leave in India. Maternity leave in India is a mandatory paid leave given to pregnant employees before and after childbirth. It ensures that women do not have to choose between their job and their health or the well-being of their children.
The Act applies to women working in both the private and public sector organisations. However, it excludes self-employed women and those working in organisations with fewer than ten employees. According to the law, female employees are entitled to 26 weeks of paid maternity leave for their first and second child. Of these, one can take up to 8 weeks before delivery. From the third child onwards, the leave entitlement drops to 12 weeks.
The law also considers special situations. In cases of miscarriage or medical termination of pregnancy, women are allowed six weeks of leave for recovery. Women who adopt a child below the age of three months are entitled to 12 weeks of maternity leave starting from the day the child is handed over.
Why maternity leave matters in the workplace
From a workplace perspective, maternity leave supports employee retention. Many women leave the workforce after having children due to a lack of proper support. When employers offer structured and reliable maternity policies, they send a message that women are valued and that their personal needs are respected. This not only improves employee satisfaction but also reduces turnover and helps build more inclusive work environments.
Access to maternity leave also reduces career breaks and helps women stay on track professionally. With provisions like flexible work arrangements and work-from-home options, employers can help new mothers transition smoothly back into their roles. The Act also mandates access to childcare facilities for organisations with 50 or more employees. New mothers must be allowed to visit the crèche up to four times a day, further easing their return to work.
Job security is another key aspect. The law clearly states that an employer cannot terminate a woman while she is on maternity leave. She must be reinstated to the same or an equivalent role once she returns.
Yet, many women in India hesitate to claim maternity leave, fearing workplace backlash, lack of job security, or simply because they’ve been told they don’t qualify. For some, especially in government jobs, state-specific service rules create confusion or limit eligibility. For others, the absence of awareness keeps them from asking in the first place.
The final push: Why Maternity Leave must be non-negotiable
Maternity leave should never be up for debate. It’s not a favour, a token gesture, or a workplace bonus. It is a legal right for women. What women need is not just policy; they need access, clarity, and a system that respects their rights without question.
Having a law in place isn’t enough. More needs to be done to ensure that women know their rights and feel safe claiming them. Employers must also be held accountable for implementing maternity policies correctly and without discrimination. State governments should revisit any rules that contradict the Maternity Benefit Act. HR departments and managers must receive proper training to understand the law and support employees in applying it.
At Changeincontent, we believe the law must evolve, but so must our mindset. Maternity leave should never have to fight for legitimacy. Instead, we must uphold it as a universal workplace standard.
Read our piece on the rights of women at work.
Disclaimer: The views expressed in this article are based on the writer’s insights, supported by data and resources available both online and offline, as applicable. Changeincontent.com is committed to promoting inclusivity across all forms of content. We broadly define inclusivity as media, policies, law, and history, encompassing all elements that influence the lives of women and marginalised individuals. Our goal is to promote understanding and advocate for comprehensive inclusivity.
