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Employee Can Be Granted Second Maternity Benefit Within Two Years From First Maternity Benefit: Allahabad High Court

By - King Stubb & Kasiva on December 18, 2023

The petitioner had filed a writ petition bearing No. 9110/2023 before the Allahabad High Court against an order denying her application for a second maternity leave. She sought the intervention of the court in respect of granting her second maternity leave with full salary for the period from August 14, 2023 to February 09, 2023. The Allahabad High Court emphasized the primacy of the provisions of the Maternity Benefit Act, 1961 over applicable executive instructions contained in Financial Handbook Volume II part 2 to 4 applicable to the employee. It further quashed the order rejecting the petitioner’s second maternity leave and issued a writ of mandamus directing the sanctioning of maternity leave to the petitioner.


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