Approve maternity leave for third pregnancy: HC to Tamil Nadu Govt

The Madras High Court has held that no discrimination could be shown by the Government in approving maternity benefits, especially leave for the third pregnancy to the employees.

A division bench comprising Justices R Suresh Kumar and N Senthil Kumar gave the ruling on April 28 while allowing a petition from Shayee Nisha.

The bench 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 February 2, 2026 to February 1, 2027 and the Motor Accidents Claims Tribunal, Villupuram, which asked her to rejoin on April 27, 2026.

The bench directed the district judge to consider the application submitted by Nisha and sanction the maternity leave as equal to that of women of first and second pregnancy, unmindful of a Government Order (GO) dated March 13, 2026, within one week.

According to petitioner, she sought maternity leave for her third pregnancy, which was refused or rejected through the order, dated March 27, 2026 passed by the Principal District Judge, Villupuram, by citing G O (MS) No.18, Human Resources Management (FR-III) Department.

Citing a judgment of the Supreme Court and judgments of the division bench of the Madras HC, the judges said that having receipt of the order of the Division bench, dated January 21, 2026 and having referred so, the Government has come forward to issue the said GO, whereby, though maternity leave has been allowed for third pregnancy, it has been restricted only to 12 weeks, ie, three months.