ARTICLE · 18 NOVEMBER 2025

Contractual Employees And Maternity Leave: Extending Protections Beyond The Permanent Workforce

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In a significant reaffirmation of gender justice and labour welfare, the Delhi High Court recently ruled that contractual employees cannot be denied maternity leave solely because of the nature of their engagement.

IndiaEmployment and HR

Navya Chaturvedi

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In a significant reaffirmation of gender justice and labour welfare, the Delhi High Court recently ruled that contractual employees cannot be denied maternity leave solely because of the nature of their engagement. The verdict underscores a progressive interpretation of the Maternity Benefit Act, 1961 ("Act") aligning with constitutional guarantees of equality, dignity and non-discrimination. This development invites a closer look at the HR compliance frameworks for entities. Many organisations employ large numbers of women through fixed term or project-based contracts specially in IT, education and health sectors. The ruling therefore expands both the scope of statutory entitlements as well as the compliance expectations placed on employers.

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