The Delhi High Court has affirmed that maternity protection cannot merely entail maintaining a woman employee’s salary and designation. The ruling states that women who return from maternity leave should ordinarily be restored to the positions they held prior to their leave. Justice Sachin Datta articulated that statutory maternity protections encompass several essential aspects of employment, including job responsibilities, functional status, appraisal opportunities, and promotion rights.

The court highlighted that the prohibition outlined in Section 12(1) of the Maternity Benefit Act, 1961, is not exclusively about preventing termination of employment. It stated that merely preserving a woman’s salary and designation does not suffice if other detrimental changes to her employment conditions occur.

Justice Datta remarked that while retaining the original designation and remuneration is necessary, it must also be accompanied by an assurance that all other elements of employment remain intact. Changes to these factors can significantly impact the employee’s professional trajectory.

Case Background Involving Chartered Accountant Rakhi Bisht

The judgment arose from a petition filed by Chartered Accountant Rakhi Bisht, who claimed she faced professional disadvantages after disclosing her pregnancy to her employer and returning from maternity leave. With approximately 14 years of experience, Bisht was appointed as a Manager in 2022, earning a monthly salary of Rs 2.6 lakh.

After notifying her employer about her pregnancy in May 2023, she was transferred to a different team. Following her maternity leave, which started in December 2023 and ended in July 2024, she was informed that her original role no longer existed and was assigned to a different department. Bisht asserted that the new position had little resemblance to her previous managerial role in accounting.

The employer contended that Bisht’s designation, salary, seniority, and managerial level remained unchanged during this period. However, the court dismissed the argument that maternity protections are limited to the preservation of employment, salary, or designation.

Implications for Maternity Leave Policies and Government Action

The High Court maintained that women returning from maternity leave have the right to be reinstated in their original position. Should that not be feasible, they must be assigned to a comparable position with equal pay, status, and responsibilities. The court indicated that any material changes to status, responsibilities, or professional growth due to pregnancy or maternity leave should be presumed discriminatory unless justified by valid reasons.

In addition, the court emphasised that maternity protection extends beyond the provision of leave and financial benefits. It insisted on the necessity of meaningful reintegration into the workplace to maintain a woman’s professional standing.

The court has also urged the Union government to employ its powers under the Code on Social Security, 2020, to establish rules aimed at effectively implementing maternity protections. This proposed framework is intended to encompass aspects like workplace accommodations for pregnant employees, protection of roles after maternity leave, and provisions for lactation support and creche facilities.

The court remarked on the absence of a comprehensive framework for post-maternity reintegration, safeguarding against demotion, and ensuring continuous career progression. Furthermore, it identified a breach of statutory requirements regarding creche facilities, noting that such provisions were not operational at the employer’s premises.

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