Rajasthan High Court rules contractual employees are entitled to maternity benefits

The Rajasthan High Court at Jodhpur has ruled that the nature of a woman’s employment—whether regular, casual, or contractual—cannot be used as a basis to deny maternity benefits, provided statutory conditions are met.

In the case of Smt. Shivangi Khandelwal v. State of Rajasthan & Anr., the court addressed a challenge by a consultant who was denied six months of maternity leave by the Rajasthan State Pollution Control Board. The board had rejected the request citing appointment terms that only allowed for declared state holidays.

Under the Maternity Benefit Act, 1961, eligible women are entitled to paid leave to protect their health and employment security. For the first two children, the Act provides up to 26 weeks of leave, while subsequent children qualify for 12 weeks. The Act also includes provisions for commissioning mothers via surrogacy, leave in the event of a miscarriage, and additional leave for pregnancy-related illnesses, provided the employee has worked at the establishment for at least 80 days in the 12 months preceding the expected delivery.