Archive · 3 Sep 2026
Delhi High Court Protects Women’s Status After Maternity Leave
The Delhi High Court said women should return to the same level of job after maternity leave.
Keeping the same salary and job title is not always enough.
Their duties, authority, reporting manager and chances of promotion also matter.
Rakhi Bisht returned from maternity leave and was given work far below her previous level.
Her employer said her salary and title had not been reduced.
The court disagreed that this was enough protection.
It ordered the company to pay her compensation and legal costs.
The court also said employers must explain any genuine change and offer the closest equivalent job.
Women can ask for work adjustments after childbirth without giving up their seniority.
The Delhi High Court ruled that maternity protections cover professional status, duties, authority and career prospects, not only job continuity and wages.
The ruling interpreted Section 12(1) of the Maternity Benefit Act, 1961, which prohibits disadvantaging women during protected maternity absence.
Rakhi Bisht was moved to a treasury role involving duties three levels below her designation after returning from seven months of maternity leave.
HashiCorp cited unchanged pay and a 10% raise, but the court found that the change harmed Bisht’s professional status and career prospects.
The court awarded Bisht ₹10 lakh in compensation and ₹1.5 lakh in costs, and required employers to provide equivalent roles when the original post is unavailable.
- Who
- The Delhi High Court, Justice Sachin Datta, chartered accountant Rakhi Bisht and her employer HashiCorp.
- What
- The court set rules requiring women returning from maternity leave to retain equivalent job status, responsibilities and career prospects.
- When
- The judgment was delivered on August 31; Bisht returned from maternity leave in 2023 after seven months away.
- Where
- The case was decided by the Delhi High Court in India.
- Why
- The court interpreted Section 12(1) of the Maternity Benefit Act, 1961, to prevent employers from disadvantaging women during protected maternity absence.
Court’s Finding
Employer’s Position
Whether the reassignment was a demotion
Court’s Finding
The Delhi High Court held that moving Rakhi Bisht to duties three levels below her designation harmed her professional status and career prospects, despite her unchanged pay and title.
Employer’s Position
HashiCorp denied that Bisht had been demoted and cited her unchanged pay and a 10% salary increase.
What maternity protection includes
Court’s Finding
The court said protection extends to duties, grade, reporting hierarchy, supervisory authority, appraisals and promotions, not merely employment continuity and wages.
Employer’s Position
The employer’s stated position focused on the fact that Bisht’s job title and remuneration had not been reduced.
- Case
- Rakhi Bisht v Union of India and Anr
- Judgment date
- August 31
- Relevant law
- Section 12(1) of the Maternity Benefit Act, 1961
- Maternity leave
- Bisht returned after seven months of leave in 2023
- Employer’s position
- HashiCorp said her pay was unchanged and she received a 10% raise
- Court award
- ₹10 lakh compensation plus ₹1.5 lakh in costs
- Required alternative role
- As nearly equivalent as possible in pay, grade, status, responsibilities, authority and advancement prospects