Women returning from maternity leave entitled to position before leave: HC

The Delhi High Court ruled on Monday that female employees returning from maternity leave must be reinstated to the same position they held before taking time off, barring genuine organizational constraints. Justice Sachin Datta emphasized that motherhood should not lead to a diminished workplace status. If a woman's pre-maternity position is unavailable, she must be offered an equivalent role in pay, rank, status, duties, authority, and career progression.

The court instructed the employer to disclose the reasons for the position's unavailability and present an alternative with comparable grade, compensation, reporting structure, and responsibilities before her return. The employer was also mandated to inform the woman within eight weeks of paying her ₹10 lakh in compensation and ₹1.5 lakh in costs.

The court also directed the Centre to draft rules within six months under the Code on Social Security, addressing post-maternity reinstatement, lactation support, creche disclosure, and grievance resolution timelines, in consultation with state governments and industry bodies. This judgment addressed a case involving a woman appointed as a chartered accountant in a private firm in 2022.

Following her pregnancy disclosure in May 2023, her duties were altered, she was transferred to another team in September, and upon her return from maternity leave, she was placed in a treasury department role unrelated to her managerial accounting position. The woman filed a petition in the high court, seeking reinstatement to her original post, compensation for mental and emotional harassment, and guidelines to prevent pregnancy discrimination in private companies.

The company contested the petition, arguing it was not maintainable by a private entity and that the woman sought enforcement of a non-enforceable employment contract, citing the Code on Social Security, 2020 as an alternative remedy. The court rejected the company's arguments and directed the employer to pay the woman ₹10 lakh in compensation and ₹1.5 lakh in costs within eight weeks.

The court emphasized that any employment practice penalizing a woman for exercising maternity rights or effectively forcing her to choose between motherhood and career advancement violates the constitutional protection guaranteed under the right to life and personal liberty, the Maternity Benefit Act, and the guarantee of equality under Article 14.