After maternity leave, women have right to resume at same functional status: HC
The Delhi High Court ruled that women returning from maternity leave must be restored to their original functional status, not just their salary and designation. The court emphasized that motherhood cannot be a basis for professional disadvantage and awarded compensation to a chartered accountant who was sidelined after her leave.
Why it matters
This ruling sets a significant legal precedent in India, preventing employers from using 'hollow' job retention to bypass maternity protection laws and ensuring substantive equality for working mothers.
New Delhi: Noting that maternity leave can’t cost a woman her job or promotion on return, Delhi High Court has held that statutory protection extends to her duties, functional status, reporting hierarchy, supervisory responsibilities and prospects of appraisal.Granting over Rs 10 lakh as compensation to a chartered accountant who was subjected to professional disadvantage on disclosing her pregnancy and returning from maternity leave, the court stressed that protection to women in such cases can’t be reduced to merely retaining their salary and designation.Justice Sachin Datta said Monday that a woman returning from maternity leave is ordinarily entitled to be restored to the post she held immediately before going on leave. “Motherhood cannot be permitted to become a basis for unequal treatment or professional disadvantage in the workplace,” it said.
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