Maternity leave cannot cost women same role or promotion, rules Delhi High Court

Maternity protection cannot be reduced to retaining a woman employee's salary and designation, the Delhi High Court has held, ruling that women returning from maternity leave are entitled to be restored to the position they held before going on leave.Justice Sachin Datta said statutory maternity protection extends to the "substantive incidents of employment", including the nature of duties, grade, functional status, reporting hierarchy, supervisory responsibilities and the employee's entitlement to be considered for appraisal and promotion."The prohibition contained in Section 12(1) of the Maternity Benefit Act, 1961 is not confined to measures amounting to, or directly associated with, termination of employment nor is it exhausted by merely maintaining her salary and designation," the court said.The court added, "Retention of the same designation and remuneration is, therefore, necessary but not by itself sufficient" if other aspects of employment are changed to the employee's detriment. The judgment came on a petition filed by Chartered Accountant Rakhi Bisht, who alleged that she suffered a professional setback after informing her employer about her pregnancy and returning from maternity leave.Bisht, who had around 14 years of professional experience, was appointed as Manager in 2022 at a monthly salary of Rs 2.6 lakh. She informed the management of her pregnancy in May 2023 and was subsequently transferred to another team. She went on maternity leave in December 2023 and returned in July 2024. On her return, she was told that her original position was no longer available and was assigned to another department. Bisht alleged that the new role bore little resemblance to the managerial accounting position for which she had been hired.The employer, however, maintained that Bisht’s designation, salary, seniority and managerial level remained unchanged.The High Court rejected the argument that maternity protection only safeguards employment, salary or designation.It held that a woman returning from maternity leave "shall ordinarily be entitled to reinstatement in the same position held by her immediately prior to proceeding on maternity leave." If that is genuinely impracticable, she must be placed in an equivalent position carrying "substantially the same pay, status, seniority, responsibilities, managerial authority, decision-making functions, promotional opportunities and prospects of career advancement."The court further said that any reassignment causing a material change in responsibilities, authority, status or professional growth solely because of pregnancy or maternity leave "shall be presumed to be discriminatory unless justified by compelling and bona fide reasons unrelated to maternity."The High Court underscored that maternity protection "is not exhausted by the grant of leave and payment of benefits". Meaningful reintegration into the workplace, while preserving a woman's professional standing, is equally important.CENTRE ASKED TO FRAME RULESThe High Court also directed the Union government to use its powers under the Code on Social Security, 2020, to frame rules, schemes or directions for effective implementation of maternity protections.The proposed framework is to address pregnancy-related workplace accommodation, protection of role and status after maternity leave, lactation support, creche facilities, timelines for maternity-related grievances, protection against retaliation and authorities competent to hear complaints, including provision for urgent interim protection.The court noted that there was currently no comprehensive framework governing post-maternity reintegration, continuity of role, protection against post-maternity demotion and preservation of career progression.The court also found that the employer did not follow statutory requirements relating to creche facilities when the facility was not functional.- EndsPublished On: Sep 2, 2026 15:05 IST