What protections does the law offer when a woman returns to work after maternity leave | Explained
The Delhi High Court ruled that women returning from maternity leave are entitled to reinstatement in their original or equivalent positions. The ruling follows a petition from a manager who was reassigned to a different department after returning from leave.
Why it matters
It reinforces legal protections against maternity-based workplace discrimination and clarifies the rights of employees to maintain their professional status after leave.
The Delhi High Court has ruled that a woman returning from maternity leave at a private company is ordinarily entitled to resume her previous position or an equivalent position carrying substantially the same pay, status, seniority, responsibilities, managerial authority, decision-making functions, promotional opportunities, and prospects of career advancement.
A recent plea by wrestler Vinesh Phogat raises a similar question in professional sport.
For years, maternity protection in the workplace has largely been understood in terms of a woman’s right to take leave without losing her job or salary. But what happens when she returns?
The petitioner, a chartered accountant with around 14 years of experience, joined the company as a manager, accounting in June 2022, with a monthly salary of ₹2.6 lakh.
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