The Delhi High Court has ruled that a woman returning from maternity leave is ordinarily entitled to resume the same position she held before going on leave and cannot suffer professional disadvantage because of pregnancy or motherhood.
The court directed an employer to pay Rs 10 lakh as compensation and Rs 1.5 lakh towards legal costs to a chartered accountant who alleged that she was shifted to a less significant role after returning from maternity leave. The judgment was delivered on August 31, 2026.
Woman Alleged She Was Sidelined After Maternity Leave
According to the court’s order, the petitioner, a chartered accountant with about 14 years of professional experience, joined the company in 2022 as Manager, Accounting, with a monthly salary of Rs 2.6 lakh.
She informed her employer about her pregnancy in May 2023 and was subsequently moved to another team. She began maternity leave in December 2023 and returned to work in July 2024.
The woman alleged that she was not restored to her previous role after returning. Instead, she was assigned to the Treasury Department, where no employees reported to her, and she was excluded from managerial meetings for a considerable period.
She also claimed that her male colleagues were promoted to Senior Manager while she was not returned to her earlier responsibilities. She further alleged that the company did not have a creche facility when she enquired about one after resuming work.
She eventually resigned in October 2024 and joined another company.
The employer denied the allegations, saying she continued as Manager-Accounting with the same salary and designation. It maintained that her Treasury assignment was temporary and resulted from organisational restructuring and business requirements. The company also said she received an increment and all statutory maternity benefits.
Court Says Protection Extends Beyond Maternity Leave
Justice Sachin Datta held that Section 12 of the Maternity Benefit Act, 1961, protects women not only from dismissal during maternity leave but also from any disadvantageous change in their service conditions because of pregnancy or maternity leave.
The court said the protection extends to actions including demotion, reduction in managerial authority, reassignment to a substantially inferior role, denial of promotion opportunities and withdrawal of significant responsibilities.
The judge observed that pregnancy and childbirth must not become a source of professional disadvantage and that a woman’s status, authority and career progression should remain protected from prejudice arising solely because of motherhood.
Salary Alone Does Not Determine Equality
The High Court also examined situations where an employer keeps an employee’s salary and designation unchanged but significantly reduces her responsibilities, authority or career prospects after she returns from maternity leave.
It held that allowing such practices would defeat the purpose of the Maternity Benefit Act.
The court said the legislation is a social welfare measure intended not merely to guarantee wages during maternity leave but also to protect the dignity of motherhood, preserve women’s economic security and ensure that pregnancy does not hinder professional advancement.
Constitutional Protection for Working Mothers
The court linked maternity protections to constitutional guarantees under Articles 14, 15, 21 and 42, relating to equality, non-discrimination, dignity and reproductive autonomy.
It said maternity protection does not end with the grant of leave or payment of benefits but also requires meaningful reintegration into the workplace.
The judgment stated that a woman’s right not to suffer professional harm because of pregnancy or maternity leave is rooted both in statutory law and constitutional guarantees.
Same Role or Equivalent Position
The High Court held that a woman returning from maternity leave should ordinarily be restored to the same position she occupied before taking leave.
If that is genuinely not possible, the employer must offer an equivalent role with substantially similar:
- pay,
- status,
- seniority,
- responsibilities,
- managerial authority,
- decision-making functions,
- promotion opportunities, and
- career prospects.
The court also directed employers to provide prior notice and explain the reasons for any significant changes to an employee’s responsibilities, pay, grade, reporting structure, team assignment or work location during maternity leave.
Compensation and Directions to Centre
The court ordered the employer to pay the petitioner Rs 10 lakh in compensation and Rs 1.5 lakh towards costs. If the amounts are not paid within eight weeks, they will carry 9% annual interest from the date of the judgment.
The High Court also directed the Central Government to frame rules, schemes or guidelines within six months for the effective implementation of maternity protections. These are to cover safeguards relating to pregnancy, return to work, lactation, creche facilities, grievance redressal and protection against retaliation.
The court disposed of the petition while laying down broader protections intended to ensure that women do not face career setbacks merely because they become mothers.
