allahabad high court rules no two-year gap for second maternity leave under social security code

• The Allahabad High Court has clarified that there is no two-year gap required for a second spell of maternity leave under the Social Security Code.
• Women employees in India can now claim maternity benefits without being restricted by outdated policies.
• The court's decision sets aside orders rejecting maternity leave applications of two government staff nurses.
• The judgment places maternity relief within the constitutional framework of social justice.
• The State cannot deny maternity benefits to women employees by relying on executive instructions.

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.

In a significant ruling, the Allahabad High Court has clarified that there is no two-year gap required for a second spell of maternity leave under the Social Security Code. This decision comes as a relief to women employees in India who can now claim maternity benefits without being restricted by outdated policies. The court's judgment was delivered on July 15, 2026, and it sets aside orders rejecting maternity leave applications of two government staff nurses. These nurses had applied for 180 days of maternity leave for their second pregnancies but were denied the benefit solely because two years had not passed since they had availed maternity leave in 2024.

The court's decision is based on its interpretation of the Code on Social Security, 2020, which overrides executive instructions imposing a two-year gap for claiming maternity benefits. The Code explicitly provides that its provisions will prevail over any inconsistent law, executive instruction or service condition. In this case, the State's policy restricting a second spell of maternity leave within two years was found to be inconsistent with the Central statute. The court observed that the Financial Handbook provisions were framed under the Government of India Act, 1935, and continue only by virtue of Article 313 of the Constitution.

This judgment is significant because it places maternity relief within the constitutional framework of social justice. The court referred to Articles 38, 39, 42, and 43 of the Constitution, along with Article 15(3), which emphasize the State's obligation to ensure just and humane conditions of work and extend maternity relief. By allowing women employees to claim maternity benefits without a two-year gap, the court has ensured that they are protected from being denied this benefit by outdated policies. The judgment also highlights the importance of upholding statutory rights available under Central laws, which cannot be curtailed by executive instructions.

Lawyers and compliance officers should note that the Allahabad High Court has clarified that there is no two-year gap required for a second spell of maternity leave under the Social Security Code, overriding executive instructions to the contrary. This means that women employees in India can now claim maternity benefits without being restricted by outdated policies.

Source: Original reporting via Briefly