Ahmedabad: The Gujarat high court ordered the state govt to extend the maternity leave for an employee and not to insist that the mother of a 3-month-old infant join duty until the next hearing.Brijitben Parmar took maternity leave from Aug 21 to Nov 25, 2025, in accordance with Section 60 of the Code on Social Security, 2020, which relates to the right to payment of maternity benefit. She delivered a baby on Nov 18, 2025, and applied for leave post-delivery, but the authorities denied it. The authorities concerned in Anand district ordered her to join duty.
Meanwhile, on Nov 21, 2025, the state govt introduced a provision of maternity leave of up to 26 weeks after delivery, but this provision was not considered in Parmar’s case, which compelled her to approach the high court.Her counsel submitted that the Code was benevolent legislation and, considering the new provisions, the petitioner was entitled to proceed on maternity leave with full pay, as she performed field work. She was entitled to remain on maternity leave until March 3. However, the authorities denied the benefit on the ground that, in certain work, her presence was required. The counsel urged the HC to allow the woman to proceed on maternity leave because it was impossible for her to perform field work with the baby.Upon the HC seeking the govt’s view, the govt lawyer sought a week’s time to respond. On hearing this, Justice Nirzar Desai said, “Be that as it may, considering the fact that the petitioner is a mother of a 3-month-old infant, till the next date of hearing, the petitioner may not be insisted upon to join duty and she may be allowed to proceed on maternity leave.”The HC issued notice to the authorities concerned and sought their reply by Feb 12.
