When a child was born to her in the marriage, the authorities denied her maternity leave, citing the bar under Rule 43. ![]() In this case, the woman's husband had two children from his previous marriage and she had previously availed child care leave for her non-biological child. ![]() The Supreme Court, on Tuesday, held that a woman cannot be declined maternity leave under the Central Services (Leave Rules ) 1972 with respect to her biological child on the ground that her spouse has two children from his earlier marriage.Īccording to Rule 43, only a female employee with less than two surviving children can seek maternity leave.
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