This question has been answered by the Allahabad High Court in a case.According to the case, a woman named Saroj Kumari is the headmistress of the primary school of Hirapur village in Etah district of Uttar Pradesh.She had sought 180 days maternity leave under the provisions of the Maternity Benefit Act after giving birth to a child.Basic Education Officer Etah rejected her leave demand application on the grounds that the child has been born.Can't get maternity leave now, she can take child care leave if she wants. After filing a petition in the Allahabad High Court, petitioner Saroj Kumari challenged the decision of Basic Education Officer Etah to reject maternity leave. Petitioner Saroj Kumari said that under the Maternity Benefit Act, she has the right to get maternity leave before the birth of the child and also after the birth of the child.Basic Primary Education officer has failed to understand the law due to which he has ordered to withhold his salary as well.The petitioner had prayed to the court that the decision to reject the application for maternity leave of Basic Education Officer Etah and the order to stop the salary should be declared illegal. A bench of Justice Ashutosh Srivastava, after hearing the case, said that a woman cannot be denied maternity leave after giving birth to a child.According to the Maternity Benefit Act, a woman has the right to get maternity leave even after the birth of a child.The court said that both maternity leave and child care leave are different, it is wrong to deny maternity leave on the basis that the child has already been born. Accepting the demands of the petitioner, the High Court quashed the order of the District Basic Education Officer, Etah, refusing to give maternity leave after the birth of the child, considering it illegal.The court has ordered the Basic Education Officer to order the petitioner to pay regular salary including arrears. The court has also given 2 weeks time to the Basic Education Officer for this.
