SC: Two-Year Childcare Leave a Constitutional Right Alongside Maternity Leave

25 Apr, 2024

In a notable verdict delivered on Monday, the Supreme Court affirmed that granting a two-year childcare leave, alongside the compulsory 180-day maternity leave, constitutes a constitutional entitlement for female employees. The bench, led by Chief Justice D Y Chandrachud and Justice J B Pardiwala, underscored that refusing such leave equates to compelling women to relinquish their employment, as reported by TOI.

Shalini Dharmani, an assistant professor at a government college in Himachal Pradesh, brought the issue to the court's attention. Represented by her counsel Pragati Neekhra, she shared her situation as a mother caring for a child with a rare genetic disorder requiring frequent surgeries and constant attention. Despite using up her available leaves, the Himachal Pradesh government refused to approve her childcare leave, citing the lack of a specific provision in the state's service regulations akin to Section 43-C of the Central Civil Service (Leave) Rules.

Read more at The Economic Times

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