Maternity leave for a third child is restricted to twelve weeks with full pay under amended Fundamental Rules.

In brief

The question

1. Whether a woman government servant is entitled to maternity leave for a third child under the Fundamental Rules of Tamil Nadu

The court held

The Court held that the petitioner is not entitled to 365 days of maternity leave for her third child but is entitled to the restricted period as per the law

It also directed

The Writ Petition was disposed of with a direction that the petitioner be granted eligible benefits (12 weeks of leave with full pay) as per the amended FR 101(A) and G.O.Ms.No.18 dated 13.03.2026. The Registrar General was further directed to circulate this order to all Judicial Officers to ensure future compliance with the restricted 12-week rule for third children

01Facts

The petitioner, an Office Assistant at the Judicial Magistrate Court, Poonamallee, applied for 365 days of maternity leave (from 26.05.2025 to 25.05.2026) for the birth of her third child

p. 2

Although the Judicial Magistrate and the Principal District Judge approved the leave based on G.O.Ms.No.84 (2021), the District Treasury rejected the salary bills on 26.06.2025

p. 2

The Treasury cited Fundamental Rule (FR) 101(A), which historically restricted maternity leave to women with fewer than two surviving children

pp. 2-3

The petitioner challenged this rejection, seeking a direction for payment of salary for the sanctioned period

p. 1

02Issues

i.1. Whether a woman government servant is entitled to maternity leave for a third child under the Fundamental Rules of Tamil Nadu

pp. 4-5

ii.2. Whether the period of maternity leave for a third child can extend to 365 days in light of Supreme Court precedents and recent government amendments

pp. 6-8

03Law Applied

The Court applied Fundamental Rule 101(a), which regulates maternity leave for Tamil Nadu government servants

p. 4

It relied heavily on the Supreme Court of India's decision in Umadevi v. Government of Tamil Nadu and Others (2025 INSC 781), which interpreted the Maternity Benefit Act to hold that while benefits cannot be denied for a third child, they can be restricted in duration

pp. 5-6

The Court also applied G.O.Ms.No.18, Home Resources Management Department, dated 13.03.2026, which amended FR 101(A) to bring it in line with the Supreme Court's mandate

p. 7

Provisions in the judgment · 1

Maternity Benefit Act, 1961 Section 5

04Reasoning

The Court observed that while the original FR 101(A) prohibited maternity leave for a third child, the legal landscape shifted following the Supreme Court's ruling in Umadevi

pp. 5-6

The Apex Court clarified that under Section 5(3) of the Maternity Benefit Act, a woman with two or more surviving children is entitled to a restricted maternity benefit of 12 weeks, rather than the full 26 weeks (or 365 days as per State policy for the first two children)

¶ 11/p. 6

The Madras High Court noted that the Government of Tamil Nadu subsequently issued G.O.Ms.No.18 (2026) to amend the Fundamental Rules, specifically providing that for a third child, maternity leave on full pay is limited to a maximum of 12 weeks

pp. 7-8

The Court ruled that previous High Court decisions granting 365 days for a third child no longer serve as valid precedents as they contradict the authoritative pronouncement of the Supreme Court and the subsequent statutory amendment

pp. 8-9

05Holding

The Court held that the petitioner is not entitled to 365 days of maternity leave for her third child but is entitled to the restricted period as per the law

p. 9

LawLens.Madras High Court

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