A two-judge bench of the high court has now held that women who are government employees will not be entitled to maternity leave for their third pregnancy. In their order, they have said that India’s Maternity Benefit Act 1961 is not applicable to government employees other than those employed in government factories, mines or plantations.
According to the state government’s rules on maternity leave, a “female government servant” who has two or more living children will not be given maternity leave. In case one of her two children has a major disease or disability, though, the woman government servant can apply for maternity leave.