Wednesday, September 9, 2026
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Maternity Leave of State Govt Employee – Social Security Code 2020 Prevails

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rejection of the claim on the basis of the said Government Order, which provides that a second spell of maternity leave cannot be granted within a period of two years from the date of the last maternity leave availed.

The petitioner had earlier availed 180 days maternity leave in 2024. Again in 2026, she has applied for maternity leave of 180 days.  Relying on the GO dated 8.12.2008 and Rule 153(1) of UP Financial Handbook, the said application was rejected on the ground that the period of two years from earlier maternity leave has not expired.

The Maternity Benefit Act, 1961; and subsequently in order to simplify and rationalise the relevant provisions, 9 Central Labour enactments relating to social security, the Code, 2020 was enacted on 28th September 2020, with an object to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors and for matters connected 5 WRIA No. – 9299 of 2026 thereto.

the moot question as to whether the provisions of the Code, 2020, would be applicable to the employees of the State Government or whether the Fundamental Rules would govern the field,

A scrutiny of the constitutional provisions of Articles 38,39, 40, 42 and 43 reveals that the grant of maternity benefits, protection of the health and strength of workers, and maintenance of a decent standard of life through “just and humane conditions of work, constitute a constitutional mandate and an obligation upon the State.

The entire scheme of the Security Social Code, 2020, does not contain any stipulation prescribing a time gap between the birth of the first and second child, as has been provided under Rule 153(1) of the Financial Handbook.

HELD that the provisions of the central Social Security Code, 2020, shall prevail over the State Government Order / Executive Instructions and that the maternity leave even before expiry of two years can be granted.

Judgment dated of the High Court at Allahabad in Writ A No.92299 of 2026 of Smt. Shikha Yadav and another   Vs.   State of U.P. and 2 others

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