maternity leave Archives

Every Female and Male Employee whether appointed on regular basis, contractual basis, ad hoc basis, have Fundamental Right to Maternity and Paternity Leave: Himachal Pradesh HC

The Court said that the object of maternity leave is to protect the dignity of motherhood by providing full and healthy maintenance to the woman and her child and maternity leave is intended to achieve the social justice to women.

Case Briefs High Courts

Delhi High Court directs University to consider 59-days maternity leave application of an M.Ed regular course student against theory class

Delhi High Court observed that the citizens could not be forced to choose between their right to education and their right to exercise reproductive autonomy.

Case Briefs High Courts

Allahabad High Court grants relief to woman highlighting no stipulation regarding the time difference between the first and second child for availing maternity benefits

Allahabad High Court: Alok Mathur, J. allowed a writ petition which was filed by the petitioner working as Lecturer (Hindi)

Case Briefs Supreme Court

“Family” includes domestic, unmarried/queer relationships; Child care/maternity leave benefits cannot be denied if women do not fit into “popular imagination” of a family: SC

“Gendered roles assigned to women and societal expectations mean that women are always pressed upon to take a disproportionate burden of childcare work.”

High Court Round Up Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Alimony to Husband, Compassionate Appointment to Illegitimate Child, Marriage Expenses of Unmarried Daughters, Maternity Leave to Contractual Employees and much more| Read 11 Legal Stories of the Week

Interesting picks from this week’s legal stories from High Courts to District Courts Alimony Whether husband is entitled to claim alimony under

Case Briefs High Courts

Can maternity leave benefits extend beyond the period when contractual period of an ad hoc employee comes to an end? Del HC analyses

Delhi High Court: In a claim of maternity benefit by a contractual employee, the Division Bench of Rajiv Shakdher and Talwant Singh,

Case Briefs High Courts

Jhar HC | “A woman employee cannot be discriminated on the basis of mode of appointment”; HC holds a contractual employee is equally entitled to maternity benefits

Jharkhand High Court: S. N. Pathak, J., directed the State of Jharkhand to provide maternity benefits to a contractual employee whose demand

Case Briefs High Courts

Kar HC granted maternity leave to senior resident doctor employed on contract basis who was denied the same by Joint Director, ESIC Medical College & Hospital, Kalaburagi

Karnataka High Court: Nataraj Rangaswamy, J., allowed the petition and granted maternity leave by setting aside the impugned order. The facts of

Case Briefs High Courts

Ker HC | Such orders undermine confidence and morale of women; HC directs Kerala to reinstate the woman terminated for unauthorised absence on availing maternity leave

Kerala High Court: Devan Ramachandran, J., addressed the grievances of a woman whose request for maternity leave was turned down by the

Case Briefs High Courts

Kar HC | Whether the termination/cancellation of contract of the petitioner on the ground of the petitioner seeking maternity leave is justified? HC analyses

Karnataka High Court: M. Nagaprasanna J. set aside the impugned order and allowed the petition. Facts The facts of the case are

Case Briefs High Courts

Raj HC | Whether a candidate, who has given birth to a child prior to joining Government service, entitled for maternity leave? Court explains R. 103 of Rajasthan Service Rules, 1951

Rajasthan High Court: Dinesh Mehta, J., allowed a petition which was involved the question of whether a woman, who had given birth

Case Briefs High Courts

Utt HC | State contractual employees entitled to claim Child Care Leave

Uttaranchal High Court: A Full-Bench of Ramesh Ranganathan CJ, Sudhanshu Dhulia and Alok Kumar Verma JJ, held that contractual state employees are

Case Briefs High Courts

Bom HC | A mother cannot be discriminated on ground that she obtained baby through surrogacy; Commissioning mother held entitled for maternity leave

Bombay High Court: A Division Bench of Pradeep Nandrajog, CJ and N.M. Jamdar, J. allowed a writ petition filed by a commissioning mother

Case Briefs High Courts

Rule turning down ‘Maternity leave’ for third child held unconstitutional: Uttaranchal HC

Uttaranchal High Court: A Single Judge Bench comprising of Rajiv Sharma J., decided that the proviso second of the Fundamental Rule 153

Hot Off The Press News

Govt notifies maximum maternity leave of 26 weeks for Gratuity

Vide notification dated 29th March, 2018, the Central Government has specified for the purposes of clause (iv) of the Explanation to sub-section

Case Briefs High Courts

Denying maternity leave to a mother who begets child through surrogacy violates Article 21

Chhattisgarh High Court: While disposing a writ concerning denial of grant of maternity leave to a mother who has begotten a child

Case Briefs High Courts

Maternity leave can be granted to women government servant even if she is working on contractual basis, ad hoc/tenure or temporary basis

High Court of Uttaranchal: The Court while hearing a petition relating to the issue of maternity leave not been granted to the

High Courts

Biological mother who has obtained the baby through surrogacy can claim the post-delivery maternity leave to take care of the new born

Kerala High Court: Dealing with an urgent issue as to whether a ‘biological mother’ is entitled to the maternity leave in a