The Kerala High Court has declared that maternity leave cannot be treated on par with other forms of leave, affirming that it is a statutory right that cannot be denied. The judgment was delivered by Justice Bechu Kurian Thomas while allowing a petition filed by a woman doctor who was barred from continuing her postgraduate medical studies for having taken leave exceeding one year.
The case related to leave regulations under courses conducted by the National Board of Examinations in Medical Sciences (NBEMS). The petitioner, a doctor from Ernakulam, had availed maternity leave during her course period and later required prolonged medical treatment for cancer. As a result, her total leave exceeded one year, leading NBEMS to deny her permission to continue the course under existing rules.
Setting aside this decision, the High Court observed that a woman’s right to maternity leave flows from law and dignity, and applies equally to postgraduate trainees. Referring to the Maternity Benefit Act, 1961, the court emphasized that women are entitled not only to leave during pregnancy but also to adequate recovery time after childbirth.
The court made a crucial distinction, stating that maternity leave is a right, while other leaves are discretionary, and therefore maternity leave cannot be clubbed with regular or casual leave. Justice Thomas further noted that general rules limiting leave to one year cannot be blindly enforced in exceptional and compassionate circumstances such as the present case.
Observing that 184 days of the petitioner’s leave were maternity leave, the court ruled that it could not be counted as ordinary leave. The High Court directed that the petitioner should not be discontinued from the course, and instructed NBEMS to allow her to submit a fresh leave application, consider it on merit, and issue appropriate orders without applying the restrictive provisions of the 2024 comprehensive leave rules.
The verdict is being widely seen as a significant boost for women professionals, reaffirming that motherhood cannot become a barrier to education, career progression, or dignity at the workplace.
