Observing that maternity leave is provided to create a bond of affection between the mother and that child, and that the Constitution of India includes the right to motherhood, the Rajasthan High Court has granted a government school teacher 180 days of maternity leave, full salary and service benefits after she received only 34 days of leave before joining a new school.Justice Anoop Kumar Dhand was hearing the teacher’s petition seeking 180 days of maternity leave under the Rajasthan Service Rules, 1951. She said that after receiving 34 days of leave at her previous school and giving birth on September 27, 2023, she joined a new school on October 6, 2023 and requested the full maternity leave from September 1, 2023. She claimed her request was not addressed, and she was instead granted child care leave on three occasions.“Not only are the health issues of the mother and the child considered while providing for maternity leave, but the leave is provided for creating a bond of affection between the two. Right to life under Article 21 of the Constitution of India includes the right to motherhood and also the right of every child to full development,” the court said on October 8.The dispute arose after the teacher gave birth while posted at one government school and subsequently joined another. She claimed that she requested maternity leave at the new school but, after her request was not addressed, applied for child care leave instead. The state opposed her claim, arguing that she had sought child care leave rather than maternity leave after joining the new institution. Justice Anoop Kumar Dhand observed that maternity leave protects the dignity of motherhood and ensures the health and well-being of both the mother and her child. (Image enhanced using AI)Importance of maternity leaveThe court observed that maternity leave is intended to protect the dignity of motherhood and ensure the well-being of both mother and child. It said the leave allows a mother to care for her newborn and develop a bond with the child while protecting her employment and salary.“Maternity means the period during pregnancy and shortly after the child’s birth. If maternity means motherhood, then the object of maternity leave is to protect the dignity of motherhood by providing for full and healthy maintenance of the woman and her child. Maternity leave is intended to achieve the object of ensuring social justice to women as the motherhood and childhood, both require special attention,” the court said.Further adding that the meaning of the word ‘maternity leave’ in common parlance is that a female employee is given a certain amount of time off, after the birth of the baby, to take care of her newborn and to develop the bond of love, care and affection with the “new little one” on arrival in the family, the court said that during this period, the job of the employee is protected and such employee receives the pay and salary of the maternity leave time.Story continues below this adAlso Read | Twins in first pregnancy no reason to deny maternity leave again: Telangana High CourtIt said that when her request for maternity leave was not addressed, she was left with no other option but to seek child care leave for the upbringing and proper care of her infant.Allowing the petition, the high court directed the state authorities to grant the teacher 180 days of maternity leave with effect from September 1, 2023. It ordered that the period not be treated as a break in service and directed the authorities to pay her the entire salary and extend all consequential benefits arising from the decision.Posted at previous schoolAccording to the order, the teacher was posted as a Teacher Grade-III (Level-I) at a government school in Barmer district. She applied for maternity leave from September 1 to October 4, 2023, for 34 days, and the authorities sanctioned it.She gave birth to a child on September 27, 2023. Meanwhile, she was selected for a teaching post at another school in Tijara district. She joined the new school on October 6, 2023.She claimed that she subsequently requested maternity leave for 180 days from September 1, 2023, but her request was not addressed. She then applied for child care leave, which was granted on three occasions. Following this, she approached the high court seeking the full maternity leave period and salary for the relevant period.Story continues below this adState opposed teacher’s claimThe state government argued that the teacher had not submitted an application for maternity leave after joining the new school. Its counsel said she had sought only 34 days of maternity leave at her previous school and that the request had been sanctioned.After joining the new school, she had applied for child care leave on three occasions, and all three requests were granted. The state argued that she was therefore not entitled to the additional maternity leave and sought dismissal of her petition.The high court noted that no documentary proof had been placed on record to establish that she submitted a formal maternity leave application at the new school. However, it recorded that her petition stated she had made such a request.