What protections does the law offer when a woman returns to work after maternity leave | Explained
Delhi HC said that if an employer plans to make a significant change to an employee’s responsibilities, pay, grade, reporting structure, team or workplace while she is on maternity leave, it must inform her in advance and explain the reason for the change
The Delhi High Court has clarified the legal protections afforded to women who return to work following maternity leave. Typically, an employee is entitled to resume her previous position or one of equivalent status, pay, responsibilities, and career opportunities. However, if the company cannot offer her the original role, she is entitled to an equivalent position with comparable conditions.
The court emphasized that any significant changes in responsibilities, pay, status, or advancement opportunities solely due to pregnancy or maternity leave would be deemed discriminatory unless justified by legitimate business reasons. The case involved a chartered accountant who took maternity leave after informing her employer about her pregnancy.
She was reassigned to a different department, claiming the new role was substantially different from her previous managerial accounting position. The court ruled in her favor, ordering the employer to pay her ₹10 lakh in compensation and ₹1.5 lakh in legal costs. The court's decision underscores the importance of providing pregnant employees with fair treatment and reinstating them to their original or equivalent positions upon returning from maternity leave.
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