#MuchWow: School Denies Teacher’s Maternity Leave Post-Delivery, Delhi HC Steps In

Ruling in the mother's favour, the court quashed the school management's order, wherein they rejected her request for a child-care leave

By: News Desk |
June 2, 2018 9:48 pm

Defending a mother’s right to maternity leave post-delivery, the Delhi High Court on Monday ruled against her workplace. The 38-year-old woman, who works as a teacher at a private school in the city, had petitioned the HC after the school management rejected her request to stay at home to care for her child.

Ruling in the mother’s favour, the court quashed the school management’s order, wherein they rejected her request for a child-care leave. Acknowledging the importance of an employer’s approval for such leaves, Justice Sunil Gaur added that the “reason put forth for treating the childcare leave sought as extraordinary leave is without any justification,” an Indian Express report stated.

ALSO READ: Autistic Kids Have To Change 4-7 Schools Before They Turn 18, Finds Study

The school had demanded that the teacher come to work as her absence would hamper the functioning of classes at school. However, the court noted that the mother had already proceeded with her maternity leave in February 2017 and it was understood that she will not be available to take classes for some time. The court added that it was “difficult to understand how the grant of childcare leave to the petitioner would disrupt the functioning of the respondent-school,” holding the school responsible for not having made arrangements for the same.

Representational Image (Photo Courtesy: Wikimedia/Jorge Royan)

Reportedly, the mother had informed that school that she required an extension of 280 days on her leave, which were to expire on August 10. The mother stated that her newborn was “dependent on her for feeding,” noting that there was no one else to care for her as her in-laws were in a poor health condition, the report added.

ALSO READ: Good news! Would-be moms to now get maternity leave of 26 weeks as President okays law

The court called it “unjustified” at the school’s part to treat child-care leave as an “extraordinary leave,” ordering the school to grant the petitioner leave for the period from August 10, 2017, to May 16, 2018.