No Mandatory Gap: Allahabad HC Affirms Women’s Right to Second Maternity Leave

In a significant and reassuring ruling for working women, the Allahabad High Court has made it clear that a second maternity leave cannot be denied simply because it is sought within two years of the first . The judgment reinforces a crucial principle, statutory rights granted by law cannot be overshadowed by administrative rules.

The decision came from Justice Karunesh Singh Pawar at the Lucknow bench while hearing the plea of Manisha Yadav . She had challenged an order issued on April 4, 2026, which rejected her request for a second maternity leave on the grounds that a mandatory two-year gap had not been maintained.

At the heart of the case was a clear conflict. On one side stood the Maternity Benefit Act, 1961 , a central law designed to protect and support working mothers. On the other was Rule 153(1) of the state’s financial handbook, which imposes a two-year gap between maternity leaves.

The court decisively settled this conflict. It observed that the Maternity Benefit Act, being a law enacted by Parliament, holds overriding authority over executive instructions or departmental rules . Any inconsistency, the court said, must be resolved in favour of the Act.

Importantly, the court also noted the facts of the case. Manisha Yadav had her first child in 2021 and applied for her second maternity leave in 2022 . The rejection of her request was termed untenable and legally unsustainable .

Setting aside the earlier order, the court directed authorities to grant her maternity leave from April 6 to October 2, 2026, restoring not just her leave, but also reaffirming the spirit of maternal welfare embedded in law .