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Madras High Court on Maternity Leave
May 1 , 2026
14 hrs 0 min
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- The Madras High Court said the Tamil Nadu government cannot limit maternity leave to 12 weeks for the third pregnancy.
- The court rejected a Government Order (G.O.) issued on March 13, 2026, restricting leave to 3 months.
- It stated that women employees are entitled to 365 days leave even for a third pregnancy.
- The court said pain and care are the same in all pregnancies, so no discrimination is allowed.
- The decision is based on Supreme Court rulings on maternity leave, which allow leave for the third pregnancy.
- The order used Article 162 (power of the State government under the Constitution of India), but the court said it cannot override maternity rights.
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