Madras High Court Rules Women Cannot Be Denied Maternity Leave for Third Child

The Madras High Court has ruled that denying maternity leave to women government employees for a third pregnancy is legally unsustainable. The decision was delivered by a Division Bench of Justices R Suresh Kumar and Shamim Ahmed while hearing a petition filed by a woman whose maternity leave request was rejected in December 2025.

The government had rejected the request based on a clarification that Tamil Nadu Fundamental Rules did not provide maternity leave for a third child. The petitioner argued that previous High Court rulings had allowed maternity leave for third pregnancies, and that the government’s denial ignored established legal precedent.

The Court agreed with the petitioner, noting that earlier judgments were not limited to individual cases but applied generally, under the legal principle of “orders in rem.” The judges also referred to the Supreme Court’s 2025 ruling in K Umadevi v. State of Tamil Nadu, which recognised maternity leave entitlement for third pregnancies. The Court concluded that the government could not restrict the benefit to a single petitioner.

Criticising repeated denials of maternity leave despite existing judicial guidance, the Court described the approach of relying solely on government letters while ignoring court rulings as “narrow and rigid.” It termed such denials an “agonising fact” that should not continue.

As a result, the Court set aside the rejection and directed authorities to grant maternity leave to the petitioner from 8 August 2025 to 7 August 2026, along with all applicable service benefits. It also ordered that the necessary formalities be completed within one week.

To prevent similar errors in the future, the Court instructed the Registrar General of the Madras High Court to circulate the ruling to all judicial officers in the state, ensuring that district courts and registries adhere to the principle and grant maternity leave for third pregnancies in accordance with law.

The judgement reinforces that maternity leave is a legal right for women employees, even for a third child, and that government departments must comply with the established legal position.