- In a significant judgement titled K. Umadevi vs Government of Tamil Nadu and ors. the Hon’ble Madras HC has held that a woman is entitled to a maternity leave of 26 weeks if she does not have custody of her other two children. The Court further went on to say that having surviving children means to have the custody of the surviving children.
- The Court also observed that there is no ceiling limit to the number of children towards entitlement of maternity leave. A woman employee who has less than two surviving children is entitled to the maximum period of benefit, which is 26 weeks. However, a woman employee who has two or more surviving children is only entitled to a benefit of 12 weeks.
- The facts of this case are that the Court was trying to adjudicate upon the restrictions that had been imposed by the application of rule 101(a) of the Fundamental Rules governing the Tamil Nadu Government Servants. On the basis of this rule, the Chief Educational Officer rejected the maternity leave request of a Government School Teacher. She had two children out of her first marriage and they were in the custody of the first husband. She had not taken any maternity leave for her first two children as she became a government employee after they were born.
- The maternity leave that she now sought was for her third child, who she was expecting out of her second marriage, which was contracted in 2017.
- The Court observed that the Maternity Benefits Act is in furtherance of the Directive Principles Of State Policy and that any executive order or circular which is repugnant to the central enactment has to be read down to give a constitutional thrust. The Court also observed that as long as the Central enactment has not provided any restrictions on the number of children for the purpose of availing maternity benefits, no other rule or regulation can put any fetters on such a claim.
- The Court referred to the case of Ruksana vs State of Haryana (2011) wherein it was held that Maternity Benefit Act would override any service rules. Reference was also made to the case of N. Mohammad Mohideen and anr. Vs. Deputy Commissioner Of Labour (Inspection) Chennai (2008) wherein it was held that a combined reading of Article 42 and the provisions of the Maternity Benefit Act makes it clear that any woman covered by the Act is entitled to claim maternity leave irrespective of the number of deliveries made by her.
- The Court has also clarified that the words “having surviving children” have to be harmoniously construed with the object of the Maternity Benefits Act to mean that the woman claiming the leave must have the custody of those children, both literally and factually.
- The Court relied upon the case of J. Sharmila vs Secretary to Government, Education Department (2010) SCC wherein it was held that section 27 of the Act clearly mentions that the Act would have an overriding effect on any law or agreements which are inconsistent with the Act, either before or after the Act came into force.
- Thus, the petitioner was entitled to the full benefit under the Maternity Benefits Act.
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