Second maternity leave cannot be denied just because first maternity leave was claimed within two years: Allahabad HC

LUCKNOW: The Allahabad High Court on Tuesday ruled that a second maternity leave cannot be denied merely because the second maternity leave is sought within two years of the first, stating that statutory rights under the law take precedence over the provisions of the financial manual. The order was passed by the Lucknow High Court bench of Justice Karunesh Singh Pawar while hearing a petition by Manisha Yadav challenging the April 4, 2026 order rejecting her second maternity leave plea. The petitioner argued that the Maternity Welfare Act, 1961 is a beneficial legislation and its provisions must prevail. However, the state government has made it mandatory under Section 153(1) of the Finance Manual to make a minimum interval of two years between two maternity leaves. The High Court, referring to its previous ruling, said the Maternity Benefits Act, being a law enacted by Parliament, would take precedence over any executive order or provision in the Finance Manual. In the event of inconsistency, the provisions of the Act shall prevail. The court noted that the petitioner gave birth to her first child in 2021 and applied for a second maternity leave in 2022, but was rejected as untenable. The court dismissed the impugned order and directed the competent authority to grant her maternity leave from April 6, 2026 to October 2, 2026.