10 May 2024 Maternity benefits >> Family Law   |   Dispute with employer >> Workplace/ Professional Related  

A recent court case has highlighted the importance of interpreting workplace regulations to support working mothers. The employee, who wished to remain anonymous, was denied maternity leave by her employer, Airports Authority of India (AAI).

The AAI Leave Regulations 2003 offer female employees maternity leave twice during their service, but only if they have less than two surviving children. The employee had two children from her second marriage, but she also had a child from her first marriage before she began working for AAI. Because of this, the AAI denied her maternity leave.

The court, however, disagreed with the AAI's interpretation of the regulation. The court focused on the regulation's purpose: to provide support to women during childbirth and recovery. They argued that the key factor was the number of children born during the employee's service period, not the total number of children an employee has.

In the employee's case, she only had two children after she started working for AAI. The court ruled that the first child, born before her employment, shouldn't be considered for maternity leave eligibility.

This decision emphasizes the importance of interpreting workplace regulations with a focus on their social objectives. The court also highlighted international conventions on maternity rights and the importance of protecting women's health and well-being in the workplace.

As a result of the court's decision, the AAI was ordered to grant the employee maternity leave for the birth of her second child. This case sets a precedent for ensuring that technicalities within regulations don't prevent women from accessing vital benefits like maternity leave.

  Constitution of India, 1950    AIRPORTS AUTHORITY OF INDIA ACT, 1994