Delhi High Court: Woman Has Right to Resume Same Role After Maternity Leave

The Delhi High Court recently held that a woman employee of a private company returning from maternity leave is entitled to be reinstated in the same position she held before proceeding on leave [Rakhi Bisht v. Union of India and Anr].Justice Sachin Datta said that any reassignment causing a change in her responsibilities, authority or status will be presumed discriminatory unless the employer can show compelling, bona fide reasons unconnected to maternity.The Court reasoned that the prohibitions contained in Section 12(1) of the Maternity Benefit Act, 1961 and Section 68(1) of the Code on Social Security, 2020 against disadvantaging a woman during protected maternity leave extends beyond termination or reduction in salary.“The expression “conditions of service” extends to the substantive incidents of employment, including the nature and content of the duties entrusted to her, her grade and functional status, reporting hierarchy, supervisory responsibilities, and her entitlement to be considered for appraisal and promotion. Retention of the same designation and remuneration is, therefore, necessary but not by itself sufficient if changes are brought about in respect of the aforesaid attributes, to her detriment.”The Court also directed the Central government to frame rules within 6 months under the Code on Social Security addressing post-maternity reinstatement, lactation support, creche disclosure and grievance redressal timelines, in consultation with State governments and