Published Apr 29, 2026 | 7:06 PM ⚊ Updated Apr 29, 2026 | 7:06 PM
Madras High Court. (Wikimedia Commons)
Synopsis: The court also made it clear that a recent government order limiting such leave to 12 weeks for a third pregnancy cannot override established legal principles. The judges noted that the physical and medical needs of pregnancy remain the same irrespective of whether it is the first or third child.
In a significant ruling, the Madras High Court has said the Tamil Nadu government cannot deny or restrict maternity leave for a third pregnancy, stressing that such benefits must be granted without discrimination.
The court allowed a petition filed by a woman employee whose request for extended leave had been rejected by local judicial authorities.
Setting aside earlier orders, the bench directed the Villupuram district judiciary to reconsider her application and grant maternity leave on par with that given for first and second pregnancies.
The court also made it clear that a recent government order limiting such leave to 12 weeks for a third pregnancy cannot override established legal principles.
The judges noted that the physical and medical needs of pregnancy remain the same irrespective of whether it is the first or third child.
Calling the restriction unjustified, the court said it goes against both Supreme Court rulings and the state’s own welfare approach towards women, reinforcing that maternity benefits must be applied equally.
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