Rajasthan High Court Orders 180 Days Maternity Leave to be Granted to Female Employees in Private Sector

Rajasthan High Court Orders 180 Days Maternity Leave to be Granted to Female Employees in Private Sector

In a landmark judgment, the Rajasthan High Court has ruled that female employees in the private sector, too, are entitled to maternity leave of 180 days on a par with their government sector counterparts. This decision is a giant stride toward gender equality and protection of the rights of women in the workplace, a guarantee that women in both private and public sectors can avail themselves of comprehensive maternity benefits. A woman working in the private sector had approached the Rajasthan High Court because her employer refused to grant her 180 days of maternity leave. The petitioner argued that under the Maternity Benefit Act, 1961, applicable to all establishments, the mandatory period for maternity leave is at least 26 weeks (approximately 180 days). However, the employer had granted her only a shorter leave period on the ground that such extended benefits were available only to government employees. On grounds of discrimination and denial of equality before the law, the petitioner approached the High Court under Article 14 of the Constitution of India. She further contended that maternity leave is a right and not a privilege and should be extended to every woman whatever sector she belongs to. While passing the order, the Rajasthan High Court supported the petitioner and ordered that even private sector-employed women are entitled to maternity leave of 180 days. The Court said the Maternity Benefit Act would apply uniformly to all women employees working in any establishment falling under the law, without distinction between those working in the private and public sectors. The Court also explained that maternity benefits are linked to both the survival of a female and her child and are thus an element of non-discrimination on the basis of one's sex. The bench, therefore, made it amply clear that the Maternity Benefit (Amendment) Act, 2017, extended the period of maternity leave from 12 weeks to 26 weeks to give women adequate time for the care and nurturing of the newborns and the recovery after childbirth. It clarified that private employers cannot circumvent or dilute the said provisions. The High Court judgment assumes significance for women employees in the private sector as it has once again drawn on record that it would be their right to have maternity benefits on a par with women employees in the public sector. By extending the 180-day maternity leave to private sector employees, the court has ensured greater protection for working women to perform both their professional and personal responsibilities without compromising either on health or the well-being of their children. This judgment is also a word of caution for the private employers that they can no longer whimsically deny the legally vested rights of their women employees. The judgment has opened ways for the women working in the private sector for availing the same kind of maternity benefits as are being enjoyed by their sisters and colleagues working in the government jobs, thereby aiming to bring equity and fairness in the workplace. The Rajasthan High Court order is an effort to establish workplace equality and securing the rights of women in the private sector. By upholding the right to 180 days of maternity leave, the court gave a sigh of relief to working women, ensuring health and well-being during the most critical time in life. This judgment further strengthens the existing supportive legal framework relating to maternity benefits and will become a precedent for other cases across India.

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