New Delhi: Noting that maternity leave can’t cost a woman her job or promotion on return, Delhi High Court has held that statutory protection extends to her duties, functional status, reporting hierarchy, supervisory responsibilities and prospects of appraisal.Granting over Rs 10 lakh as compensation to a chartered accountant who was subjected to professional disadvantage on disclosing her pregnancy and returning from maternity leave, the court stressed that protection to women in such cases can’t be reduced to merely retaining their salary and designation.Justice Sachin Datta said Monday that a woman returning from maternity leave is ordinarily entitled to be restored to the post she held immediately before going on leave. “Motherhood cannot be permitted to become a basis for unequal treatment or professional disadvantage in the workplace,” it said. “Where a woman employee is placed at a disadvantage, deprived of professional growth, denied promotion, stripped of responsibilities, or otherwise subjected to adverse employment consequences solely on account of pregnancy or maternity leave, the resulting action is not merely contrary to the spirit of Maternity Benefit Act but is also manifestly arbitrary and offensive to the guarantee of equality under Article 14.”It stressed that the expression “conditions of service” covers the substantive incidents of employment and permitting an employer to maintain an employee’s salary and designation while stripping her of meaningful responsibilities, authority or career prospects would allow the employer to achieve indirectly what the law prohibits directly.The petitioner said she had around 14 years of professional experience and was appointed as manager, accounting, when she proceeded on leave in Dec 2023. On her return in July 2024, she was told that her original position was no longer available and allotted substantially inferior work.The employer claimed that her designation, level, salary and seniority remained unchanged and she was assigned investment accounting and currency revaluation functions at the same managerial level following organisational restructuring.HC stressed that protections under Maternity Benefit Act and Code on Social Security, 2020, stem from constitutional guarantees even against a private employer. It also asked Centre to frame rules or schemes, or issue directions, for effective implementation of maternity protections, including role and status after maternity leave, lactation support, creche disclosure and functionality, timelines for maternity-related grievances, protection against retaliation and designation of authorities to receive and decide complaints.
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