Third pregnancy maternity leave: Madras HC declares equal benefits

The Madras High Court has ruled that the Tamil Nadu government cannot discriminate against women employees by restricting maternity leave benefits for a third pregnancy, affirming that equal treatment must be ensured regardless of the number of pregnancies.

In a judgment delivered on April 28, a division bench comprising Justices R. Suresh Kumar and N. Senthil Kumar set aside orders issued by the Principal District Judge in Villupuram that had denied extended maternity leave to a woman employee, Shayee Nisha. The court directed authorities to reconsider her application and grant maternity leave on par with benefits provided for first and second pregnancies within a week.

Nisha had sought maternity leave from February 2, 2026, to February 1, 2027, but her request was rejected based on a government order (GO) dated March 13, 2026. The order limited maternity leave for a third pregnancy to 12 weeks. She was also instructed by the Motor Accidents Claims Tribunal in Villupuram to resume duty by April 27, 2026.

The High Court found the restriction imposed by the government to be unjustified and inconsistent with established legal principles. The bench observed that pregnancy-related challenges and the need for pre- and post-natal care remain the same, regardless of whether it is a first, second, or third pregnancy.

The bench further noted that the government’s order, issued under executive powers, could not override judicial precedents that uphold equal maternity benefits. It said the restriction was also inconsistent with the state’s welfare policies aimed at supporting women.

"Therefore, the import of GO dated March 13,2026, in our considered view, shall not control the District Judiciary in dealing with these kinds of applications from pregnant women for sanction of maternity leave, even for third pregnancy," the bench ruled.

Addressing the government’s reliance on provisions of the Maternity Benefit Act, 1961, the bench said such justification could not stand in view of settled law by the Supreme Court.

"Therefore, we think that the said justification given by the government in restricting the maternity leave benefit only for 12 weeks' period for third pregnancy is unjustifiable", the bench added.

With PTI inputs