Madras High Court Orders Paid Maternity Leave for Third Child

by

Bhupendra Singh Chundawat

Madras High Court Orders Paid Maternity Leave for Third Child

The Madras High Court has issued a clear directive that female employees must be granted paid maternity leave even for the birth of their third child. This decision came in response to a petition filed by B. Mangaiyarkarasi, an employee of the Madras High Court, who had sought maternity leave for her third child but was denied.

The case was heard by a division bench comprising Justice R. Suresh Kumar and Justice Shameem Ahmad. During the hearing, it was brought to the court’s attention that the Tamil Nadu Government’s maternity leave rules do not currently provide leave for the birth of a third child.

Considering these facts, the court directed the Registrar of the High Court to grant the petitioner one year of maternity leave with all eligible financial benefits. The court also emphasised the need to take necessary measures to prevent similar petitions in the future.

The bench noted that the Supreme Court has already clarified that female employees are entitled to maternity leave even for the third child. The Madras High Court has consistently upheld this position in previous cases as well.

Furthermore, the judges instructed the Registrar General to circulate this order to all district court registrars and officers. A copy of the order is also to be sent to the Tamil Nadu Chief Secretary, with directions for all department secretaries and heads to implement the Supreme Court and High Court rulings effectively.

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