New Delhi21 minutes ago
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The Supreme Court has rejected the order of the Madras High Court in which a government teacher refused to give maternity leave for the birth of her third child. The High Court had said that according to the State Policy, the benefit of maternity leave is limited to only two children.
A bench of Justice Abhay Oak and Justice Ujjwal Bhuiyan said, “We have deeply considered the concept of reproductive rights and believed that maternity benefit is a part of reproductive rights. Therefore, the disputed order has been canceled.”
The woman was in the petition- the first 2 children had not taken leave
The woman said in her petition that she is no longer being given maternity leave, as she has two children from her first marriage. However, the woman did not take any benefit for two children born to her first marriage. He joined the government job after his second marriage. She became pregnant after marriage. So he applied for the leave.
What is the rule of maternity leave in Tamil Nadu
There is a rule in Tamil Nadu that a woman will get the benefit of maternity leave only for the first two children. The Supreme Court in 2017 amended the Maternity Benefits Act and increased the holiday from 12 weeks to 26 weeks. All women employees will get maternity leave for two children. Similarly, women adopted women can also take a 12 -week leave.