Chennai: A Tamil Nadu govt order restricting maternity leave for third pregnancy to 12 weeks is unjustifiable and against the law settled by the Supreme Court, Madras high court ruled on Wednesday.The division bench of Justice R Suresh Kumar and Justice N Senthilkumar set aside the orders of the principal district judge, Villupuram, dated March 27, 2026, which rejected the representation of the petitioner seeking maternity leave from Feb 2, 2026 to Feb 1, 2027, and the Motor Accidents Claims Tribunal, Villupuram, which asked her to rejoin on April 27, 2026.“This kind of restriction is against the dictum of the Supreme Court as well as this court. The same cannot be approved by this court… In pregnancy, whether first, second or third, the suffering would be the same and the pre-delivery as well as the post-delivery care that a mother needs to take is same,” the bench said.“Therefore, no discrimination could be shown by govt in approving the maternity benefits, especially maternity leave for the third pregnancy, to the employees,” the high court said.
