Madras High Court grants compensation for denied maternity leave

The Madras High Court has ordered a compensation of Rs 1 lakh for a female court staff member who was denied maternity leave. The court called the decision to reject her leave application “inhuman.” This case involves B Kavitha, an office assistant at a judicial court in Thiruvarur district. Kavitha's application for maternity leave was rejected on November 7, 2024. The reason given was her failure to provide a marriage certificate. The magistrate questioned the timing of her pregnancy, suggesting it might have started before her marriage. Kavitha, who is a widow, remarried in April 2024 and had applied for leave in October 2024. She had provided photographs and her wedding invitation but was still denied leave. The division bench of Justice R Subramanian and Justice G Arul Murugan criticized the magistrate’s decision. They stated that an employer cannot require conclusive proof of marriage unless it's contested. The court pointed out that societal views have changed and even live-in relationships are recognized. The bench condemned the magistrate for making assumptions about Kavitha's pregnancy. They emphasized that maternity leave should not be denied based on personal judgments. They also questioned the support from the Principal District Judge in upholding the rejection. The court directed the Principal District Judge to grant Kavitha her maternity leave. Any leave she had taken since her application would count as maternity leave, and she would receive her full salary. The court also instructed the Registrar General to inform other Judicial Officers to prevent similar issues in the future.