Second maternity leave can't be denied merely because sought within 2 years of first: Allahabad HC

Lucknow: The Allahabad High Court on Tuesday held that a second maternity leave cannot be denied merely because it is sought within two years of the first, observing that statutory rights under the law override provisions of the financial handbook.

The order was passed by Justice Karunesh Singh Pawar of the high court's Lucknow bench while hearing a petition by Manisha Yadav, who had challenged an April 4, 2026 order rejecting her request for a second maternity leave.

The petitioner argued that the Maternity Benefit Act, 1961 is a beneficial legislation and its provisions must take precedence. The state government, however, relied on Rule 153(1) of the financial handbook to contend that a minimum gap of two years between two maternity leaves is mandatory.


Referring to earlier rulings, the high court said that the Maternity Benefit Act, being a law enacted by Parliament, would prevail over any executive instructions or provisions in the financial handbook. In case of inconsistency, the provisions of the Act would have an overriding effect.

The court noted that the petitioner had her first child in 2021 and had applied for a second maternity leave in 2022, which was rejected on untenable grounds.

Setting aside the impugned order, the court directed the competent authority to grant her maternity leave from April 6, 2026, to October 2, 2026.