Grant govt nurse maternity leave for third child: Madras HC
The petitioner had requested maternity leave for her third child born from a second marriage, from August 24, 2024, to August 23, 2025.
Madras High Court (File)
CHENNAI: The Madurai bench of the Madras High Court has directed the State to grant eligible maternity leave to a staff nurse who was denied it after the birth of her third child.
According to media reports, the nurse had not availed maternity leave for her first and second children, both girls, as she was working as a contract staffer at Madurai’s Government Rajaji Hospital (GRH) from 2008 to 2018. Her job was made permanent in 2018.
The petitioner had requested maternity leave for her third child born from a second marriage, from August 24, 2024, to August 23, 2025. However, her application was rejected, citing Rule 101 (a) of Fundamental Rules which allows maternity leave for government servant women with two or fewer children only, in line with population control policy.
However, the court ruled in favour of the petitioner and directed that maternity leave be granted to her in three months, observing that she had not previously taken maternity leave and hence it wouldn’t burden the state exchequer.
Additionally, Justice R. Vijayakumar observed that in the case at hand, the right of a woman employee to have a child through her second wedlock cannot be curtailed by invoking Maternity Leave Rules.