Introduction
Maternity leave protection in India extends beyond the right to take leave and receive maternity benefits. The law also protects a woman employee from disadvantageous changes to her conditions of service because of her maternity-related absence. The Delhi High Court has recently clarified that this protection covers not only salary and designation but also the nature of duties, functional status, reporting hierarchy, supervisory responsibilities and opportunities for appraisal and promotion.
The Court made these observations in Rakhi Bisht v. Union of India & Anr., decided on August 31, 2026. The case concerned a Chartered Accountant who returned from maternity leave to find that her earlier managerial role was no longer available and that she had been assigned work in another department. The Court examined whether retaining her salary and designation was sufficient to satisfy the statutory protection available to her.
What Does Section 12(1) of the Maternity Benefit Act Provide?
Section 12(1) of the Maternity Benefit Act, 1961 protects a woman from disadvantageous changes in her conditions of service during the period of her statutorily protected maternity absence. The provision also deals with discharge or dismissal connected with such absence. The Delhi High Court held that the expression “conditions of service” cannot be restricted to termination, salary or designation.
The Court held that Section 12(1) covers the substantive incidents of employment. These include the nature and content of duties, grade, functional status, reporting hierarchy, supervisory responsibilities and consideration for appraisal and promotion. The retention of the same designation and remuneration therefore does not by itself establish that the employee’s statutory protection has been respected.
What Does Section 68(1) of the Code on Social Security, 2020 Say?
The Court also examined Section 68(1) of the Code on Social Security, 2020. The provision contains protection against discharge or dismissal of a woman during or on account of maternity-related absence and prohibits an employer from varying conditions of service to her disadvantage during such absence.
The Court noted that Section 68(1) is substantially similar to Section 12(1) of the Maternity Benefit Act in this respect. The statutory protection therefore extends beyond the continuation of employment and wages. It also addresses changes to the substantive conditions attached to the employee’s position.
Does Maternity Protection Include an Employee’s Role and Responsibilities?
The Delhi High Court held that maternity protection covers the substantive nature of an employee’s work. A woman returning from maternity leave is ordinarily entitled to restoration to the position she held immediately before proceeding on leave.
Where the original position is genuinely unavailable for bona fide and demonstrable organisational reasons, the alternative position has to be as nearly equivalent as possible. The Court identified pay, grade, status, role, responsibilities, managerial authority and prospects for advancement as relevant considerations.
This interpretation prevents an employer from formally retaining an employee’s designation and salary while substantially reducing her professional responsibilities or authority. The Court observed that such an approach would undermine the purpose of the statutory protection.
Does Maternity Leave Affect Promotion and Appraisal Rights?
Maternity protection also has a connection with career progression. The Delhi High Court held that the protection under the maternity framework includes an employee’s entitlement to be considered for appraisal and promotion.
An employee’s maternity leave therefore cannot operate as a reason for excluding her from professional advancement. The Court treated appraisal and promotion as substantive aspects of employment conditions rather than matters entirely separate from maternity protection.
This principle has particular relevance for HR policies because appraisal and promotion cycles can continue while an employee is on maternity leave. The statutory framework requires consideration of the employee’s protected status when such employment decisions are made.
What Constitutional Rights Support Maternity Protection?
The judgment also placed maternity protection within the constitutional framework of equality, dignity and social justice. Article 14 of the Constitution of India guarantees equality before the law and equal protection of the laws. Article 15(3) permits the State to make special provisions for women and children. Article 21 protects life and personal liberty, while Article 42 directs the State to make provision for securing just and humane conditions of work and maternity relief.
The Court referred to these constitutional guarantees while considering the purpose of maternity legislation. The statutory provisions have to be understood in a manner that advances the constitutional protection available to women rather than reducing maternity rights to a narrow employment benefit.
What Protection Does the Code on Social Security Provide for Maternity?
The maternity provisions of the Code on Social Security, 2020 form part of the statutory framework considered by the Court. The Court also referred to Section 67 of the Code, which deals with crèche facilities for establishments employing the prescribed number of employees.
The judgment recognised that maternity protection involves several aspects of working life, including return to work, workplace accommodation, lactation support, childcare facilities and protection against disadvantageous treatment. These protections operate within the broader framework of maternity benefits and workplace equality.
What Powers Does the Centre Have Under the Code on Social Security?
The Delhi High Court also directed the Centre to develop a more comprehensive framework for implementing maternity-related protections. The Court referred to Sections 149, 150 and 154 of the Code on Social Security, 2020 while directing the Union Government to frame rules or schemes or issue directions concerning the effective implementation of Chapter VI of the Code.
The proposed framework covers pregnancy-related workplace accommodation, protection of role and status after maternity leave, lactation support, crèche functionality, grievance redressal, protection against retaliation and the designation of authorities competent to receive and determine maternity-related complaints. The Court gave the Centre six months to complete the exercise.
What Does This Mean for Employers?
The judgment gives HR departments a broader framework for understanding maternity compliance. An employer’s obligations are not limited to approving maternity leave or continuing an employee’s salary. The employee’s substantive position after returning from maternity leave also becomes relevant.
A change in duties, reporting structure, managerial authority or professional status can attract scrutiny when it places the employee at a disadvantage because of maternity. A genuine organisational change remains capable of being considered when supported by bona fide and demonstrable reasons and when the alternative position remains substantially equivalent to the employee’s previous position.
The judgment also recognises that a woman returning from maternity leave can seek adjustments to her duties, working hours, place or pattern of work or an alternative role based on her post-maternity circumstances. Such arrangements do not amount to a waiver of her statutory maternity protections.
Conclusion
The Delhi High Court’s ruling gives a wider meaning to maternity protection in employment. Section 12(1) of the Maternity Benefit Act, 1961 and Section 68(1) of the Code on Social Security, 2020 protect more than continued employment, salary and designation.
The protection also covers the substantive conditions of employment, including duties, functional status, reporting hierarchy, supervisory responsibilities and consideration for appraisal and promotion. The constitutional principles under Articles 14, 15, 21 and 42 further inform the interpretation of these statutory protections.
The Court awarded ₹10 lakh as compensation and ₹1.5 lakh as costs in the case. It also directed the Centre to frame a broader implementation framework for maternity-related workplace protections.
