The Delhi High Court has delivered a landmark ruling affirming that women returning to work after maternity leave must be reinstated to their original or an equivalent professional role, ensuring no loss of status, responsibilities, or career advancement prospects. The court also directed the central government to establish comprehensive rules within six months to protect working mothers from both overt and subtle forms of workplace discrimination.
Protecting Professional Status Beyond Wages
In a significant judgment delivered on August 31 in the case of Rakhi Bisht v Union of India and Anr, Justice Sachin Datta emphasized that statutory protection during maternity extends beyond mere continuity of employment and wages. It explicitly includes professional status, responsibilities, managerial authority, and opportunities for career advancement.
The court’s interpretation focused on Section 12(1) of the Maternity Benefit Act, 1961, which prohibits employers from altering any service condition to a woman’s disadvantage during her protected absence. This includes critical aspects such as the nature of duties, grade, reporting hierarchy, supervisory responsibilities, and eligibility for appraisals and promotions. Justice Datta clarified that while maintaining the same job title and salary is essential, it is not sufficient if other crucial job conditions are detrimentally changed.
The Rakhi Bisht Precedent
The ruling stemmed from the case of Rakhi Bisht, a chartered accountant with 14 years of experience and a manager at software firm HashiCorp. After returning from maternity leave in 2023, she was reassigned to a treasury role, which she argued was three levels below her previous designation. HashiCorp contended that her pay remained unchanged and she even received a 10% hike, denying any demotion.
However, the Delhi High Court sided with Bisht, reiterating that maternity protection encompasses duties, status, and career prospects, not just salary. The court ordered HashiCorp to pay Bisht ₹10 lakh in compensation and an additional ₹1.5 lakh in legal costs.
Employer Obligations Upon Return to Work
The judgment outlines clear guidelines for employers:
- A woman returning from maternity leave is generally entitled to be restored to the exact post she held prior to her leave.
- If the original post is genuinely unavailable due to legitimate organizational reasons, the employer must offer a role that is "as nearly equivalent as possible" in terms of pay, grade, status, responsibilities, managerial authority, and future advancement opportunities.
- Employers must inform the employee in writing, before her resumption of duty, why the original post is unavailable and provide full details of the alternative role, including its grade, remuneration, reporting structure, and duties.
- Any objections raised by the employee regarding the alternative role must receive a reasoned and documented response from the employer.
The court further clarified that any adjustments in duties, hours, place, or pattern of work requested by women after childbirth to accommodate their new circumstances cannot be construed as acceptance of a lower position. Such accommodations must not be used against them in performance appraisals or future promotion decisions.