The Allahabad High Court, recently refused to grant a second maternity leave within two years is arbitrary and illegal. The Maternity Benefit Act of 1961 contains no such time limit.
The Maternity Benefit Act of 1961 provides working women in government departments the right to 26 weeks of paid leave and maternity benefits. Pursuant to entitle benefits, she must make written demands, and the employer is obliged to provide leave and pay the benefits.
The orders are passed by Justice Siddhartha on a petition filed by Vandana Gautam and the order refusing to pay maternity benefits has been revoked.
The High Court ruled that, in the absence of a provision in another law, the right to maternity benefit under Rule 153 (1) of the Financial Hand Book would apply in the case of two children with a two-year age difference. The High Court has quashed the order refusing to grant maternity benefits to the petitioner of Block Education Officer, Dobhi, Jaunpur within two years and directed that leave be sanctioned along with salary payment.
In the Maternity Benefit Act, you have the right to receive maternity benefits, among other things.
According to the department, the petitioner received the maternity benefit from July 2, 2020 to December 28, 2020. From 17 January 2022 to 15 July 2022, she applied for maternity benefits. It was refused to hand over. The court ruled that if the right to maternity benefits, among other things, is stated in the Maternity Benefit Act, then the rules of the Financial Handbook do not apply.
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