Delhi High Court orders full job restoration for women after maternity leave

In a decision delivered on Monday, the Delhi High Court held that a female employee returning from maternity leave is entitled to resume the exact functional position she held before the leave, including duties, reporting hierarchy and promotion prospects. Justice Sachin Datta awarded the petitioner, a chartered accountant with about 14 years of experience, over Rs 10 lakh after she was assigned inferior work upon her return in July 2024.

The court stressed that merely preserving salary and designation while removing substantive responsibilities defeats the purpose of the Maternity Benefit Act and breaches equality guarantees under Article 14. It clarified that "conditions of service" encompass all substantive employment incidents, and that private employers are bound by the same constitutional protections. The ruling urged the central government to formulate rules covering role restoration, lactation support, grievance timelines and anti-retaliation mechanisms. This judgment expands the legal interpretation of maternity protections beyond pay and title to full functional reinstatement.