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Maternity Leave: No Two-Year Gap Required for Second Spell Under Social Security Code, Says Allahabad High Court
['Salil Tiwari']
LawBeat | Indian Legal News | Legal Updates | Supreme Court Judgements | Latest Legal Breakings | Court Ruling Updates
The Allahabad High Court recently reiterated that the Code on Social Security, 2020, overrides executive instructions issued by the Uttar Pradesh government prohibiting the grant of a second spell of maternity leave within two years of the first.
Setting aside orders rejecting maternity leave applications of two government staff nurses, the bench of Justice Siddharth Nandan ruled that the statutory rights available under the Central law cannot be curtailed by Rule 153(1) of the U.P.
Executive instructions and the Social Security CodeCourt held that the Code on Social Security, 2020 is a Parliamentary enactment framed to implement the constitutional mandate relating to maternity relief.
Court further noted that the Code on Social Security, 2020 nowhere prescribes a mandatory time gap between the birth of a first and second child for availing maternity benefits.
Allowing the writ petition, court quashed the rejection orders and directed the authorities to consider fresh maternity benefit applications under the Code on Social Security, 2020.