A woman returning to work after maternity leave cannot be left with the same salary and designation but fewer responsibilities. The Delhi High Court has ruled that maternity protection goes beyond protecting a woman’s job title and pay. It also covers her role, status, managerial powers, reporting structure and career growth opportunities. Justice Sachin Datta delivered the judgment on August 31, 2026.
The Court said a woman should ordinarily be restored to the position she held before going on maternity leave. If that position genuinely no longer exists because of organisational changes, the employer must offer a substantially equivalent role.
What Is the Delhi HC Maternity Leave Case About?
The judgment came on a petition filed by Chartered Accountant Rakhi Bisht. Bisht had around 14 years of professional experience when she joined the organisation in 2022 as Manager, Accounting. Her monthly salary was Rs 2.60 lakh, according to the case. She informed the management about her pregnancy in May 2023. She was later moved to another team.
Bisht went on maternity leave in December 2023 and returned in July 2024. After returning, she was told that her previous position was no longer available. She was instead placed in the Treasury Department. Bisht alleged that the new assignment was substantially inferior to her earlier managerial accounting role. She also claimed that she had no reporting staff and was excluded from managerial meetings.
Employer Denied Reducing Her Role
The employer rejected her allegations. It said there had been no change in her designation, salary, level or seniority. The company argued that an organisational restructuring had taken place. It said Bisht was given investment accounting and currency revaluation responsibilities while continuing at the same managerial level.
However, the High Court looked beyond her salary and designation. Maternity protection covers job responsibilities too. The Court clarified the meaning of Section 12(1) of the Maternity Benefit Act, 1961. It said the law protects a woman from adverse changes to her conditions of service during her protected maternity absence.
According to the Court, “conditions of service” include the actual nature of the work, grade, functional position, reporting structure and supervisory responsibilities. It can also include opportunities for appraisal and promotion.
The Court observed, “Retention of the same designation and remuneration is, therefore, necessary but not by itself sufficient”
The judgment said an employer cannot comply with maternity protection laws on paper while taking away meaningful responsibilities or career opportunities.
What Role Should a Woman Get After Maternity Leave?
The Court said a woman returning from maternity leave should generally be placed back in her previous position. If that position has genuinely disappeared because of demonstrable organisational reasons, the employer must offer another role that is as close as reasonably possible to the original one.
The comparison must consider:
- Salary and remuneration
- Grade and professional status
- Nature of duties
- Managerial authority
- Reporting structure
- Supervisory responsibilities
- Appraisal opportunities
- Promotion and career prospects
The employer must also explain why the earlier position is unavailable. It should provide details of the alternative role, including its grade, salary, duties and reporting structure. If the woman objects, the employer must consider her concerns and communicate its decision in writing with reasons.
Delhi HC on Workplace Creche Facility
The Court also examined the issue of a workplace creche. Bisht had asked her employer about the availability of a creche in September 2024. She was initially told that no facility was available. The employer later said a creche existed but was not functional on the days relevant to her request. The High Court said simply having a creche facility is not enough. A creche must actually be functional and available when an employee needs it. The Court held that a non-functional facility does not satisfy the statutory requirement under Section 11-A of the Maternity Benefit Act.
Court Noticed Employer’s Internal Communication
The High Court also noted inconsistencies in the employer’s statements. It observed that Bisht’s earlier position had been assigned to another employee who was promoted while she was away on maternity leave. An internal communication also referred to assigning activities to Bisht merely to “keep her engaged” after her return. The Court considered these circumstances while assessing her claim.
Rs 10 Lakh Compensation for Rakhi Bisht
The High Court ordered respondent no. 2 to pay Bisht Rs 10 lakh as compensation. It also awarded Rs 1.5 lakh towards costs. The Court considered her professional standing as a Chartered Accountant, around 14 years of experience and a monthly salary of Rs 2.6 lakh while determining the compensation. The amount was roughly equal to four months’ salary.
The payment must be made within eight weeks. If delayed, it will attract 9% annual interest from the date of the judgment until payment.
Woman Can Request Changes After Maternity Leave
The Court also clarified that a woman can request changes in her duties, working hours, workplace or work pattern after returning from maternity leave. She can also seek an alternative role. However, such a request cannot later be treated as her acceptance of inferior service conditions. It cannot amount to a waiver of her statutory protection. Nor can it be used against her during appraisal, increment or promotion decisions.
Maternity Protection Applies to Private Employers
The employer had argued that the petition was not maintainable under Article 226 because it involved a private employment relationship. The High Court rejected the argument. It said Bisht was seeking protection under the Maternity Benefit Act, rather than simply enforcing a private employment contract. The Court also referred to Section 27 of the Act, which gives its provisions an overriding effect over inconsistent employment terms.
Delhi HC Seeks Stronger Maternity Safeguards
Implications of the decision have been wider than just the Court ruling. In its decision, the Court ordered the Union government to exercise its authority under the Code on Social Security, 2020 to come up with appropriate rules, schemes or directions to ensure that there is adequate maternity protection in the organisation. This is intended to cover accommodation in the workplace during pregnancy, securing employment after maternity leave, lactation and the functioning of creches.
The court’s decision has been wider than just the ruling. In its order, the court directed the Union government to exercise its authority under the Code on Social Security, 2020 to come up with appropriate rules, schemes or directions ensuring that there is adequate maternity protection in the organisation. This includes the grievance procedure, anti-retaliation protection and the agencies mandated to handle any complaints regarding this. The Court emphasised that this exercise should be done within six months.
Why the Delhi HC Maternity Leave Ruling Matters
This decision has made one thing very clear: maternity protection is not restricted to salary or designation only. It means that the woman who returns to work after taking maternity leave should not end up losing professional authority, responsibilities and career opportunities because of having exercised their maternity leave rights.
Sudeep Singh Rawat is a Copy Editor at NewsX Digital with over five years of experience in digital journalism. He covers national and international news, with a focus on politics, crime, technology, public affairs, and trending topics. Before joining NewsX Digital, he worked with Business Standard, The Sunday Guardian, and other digital media organisations. His reporting focuses on breaking news, enterprise stories, and explainers that inform readers through accurate, balanced, and context-driven journalism.
