Delhi High Court: Maternity Leave Cannot Result in Demotion or Loss of Career Prospects
The Delhi High Court held that a woman returning from maternity leave cannot be demoted or assigned an inferior role. She must be restored to her previous position or an equivalent role with comparable pay, responsibilities, authority and career prospects. The Court awarded ₹10 lakh compensation and ₹1.5 lakh costs.
Maternity leave cannot be used as a basis to demote, sideline, or disadvantage a woman employee. On returning from maternity leave, she is ordinarily entitled to resume her previous position or an equivalent role with substantially similar responsibilities, managerial authority, remuneration, and career prospects. Any reduction in role or promotional opportunity merely because she availed maternity leave may amount to discrimination and violate the protective purpose of maternity legislation
In Rakhi Bisht v. Union of India & Anr., W.P.(C) No. 14785/2024, the petitioner, a Chartered Accountant working as an Accounting Manager with HashiCorp, proceeded on maternity leave in December 2023. After returning in July 2024, she was not restored to her earlier managerial role and was assigned substantially inferior treasury-related duties without managerial responsibilities or reporting staff. The Delhi High Court held that maternity protection extends beyond payment of salary and retention of designation. A woman returning from maternity leave is ordinarily entitled to resume her previous post or an equivalent position with comparable pay, status, responsibilities, authority, reporting structure and career prospects. The Court awarded ₹10 lakh compensation and ₹1.5 lakh litigation costs, holding that pregnancy or maternity leave cannot become a source of professional disadvantage