After maternity leave, women have right to resume at same functional status: HC

Delhi High Court has ruled that women returning from maternity leave are entitled to resume their previous roles with the same functional status, duties, and prospects for advancement. In a case involving a chartered accountant who faced professional disadvantages after disclosing her pregnancy and returning from maternity leave, the court emphasized that protections extend beyond salary and designation.

Justice Sachin Datta stated that a woman's return from maternity leave should restore her to the position she held prior to leave, as motherhood should not lead to unequal treatment or professional disadvantages. The court ruled that denying a woman promotion, stripping her of responsibilities, or subjecting her to adverse employment consequences solely due to pregnancy or maternity leave is unlawful.

The court stressed that the "conditions of service" include the substantive aspects of employment, and allowing an employer to maintain an employee's salary and designation while reducing her meaningful responsibilities would be indirect discrimination. The court also emphasized that these protections stem from constitutional guarantees and urged the Centre to frame rules or schemes for effective implementation, including provisions for lactation support, creche disclosure, functionality, grievance timelines, and protection against retaliation.