A Delhi High Court judgment delivered on 31 August 2026 sets a firm new bar for how employers must treat women returning from maternity leave. The court ruled in Rakhi Bisht v. Union of India & Anr. that statutory protection under the Maternity Benefit Act covers far more than a woman's salary or job title.
The court held that statutory protection extends to a returning employee's duties, functional status, reporting hierarchy, supervisory responsibilities, and prospects of appraisal and promotion.
Justice Sachin Datta said a woman returning from maternity leave is ordinarily entitled to be restored to the post she held immediately before proceeding on leave. If that post is no longer available for bona fide and demonstrable organisational reasons, she must be offered a position as nearly equivalent as possible in terms of pay, grade, status, role, responsibilities, managerial authority and prospects for advancement.
The court added that any reassignment causing a change in responsibilities, authority or status will be presumed discriminatory unless the employer can show compelling, bona fide reasons unconnected to maternity.
The case was brought by Rakhi Bisht, a chartered accountant. Bisht had joined HashiCorp as Manager-Accounting in June 2022 with around 14 years of professional experience and a monthly salary of ₹2.6 lakh. After informing the company of her pregnancy in May 2023, she was moved to another team and later took maternity leave. On return, she found her previous position had been filled and was assigned to the Treasury Department, work she alleged was largely clerical and ordinarily performed by a Staff Accountant around three levels below her managerial position.
The court directed the company to pay her ₹10 lakh compensation and ₹1.5 lakh towards costs, with 9% annual interest if the amount is not paid within eight weeks.
The ruling is particularly significant for private-sector employment, where changes in responsibilities, reporting structures or job roles can sometimes be presented as ordinary business decisions even when they substantially diminish an employee's professional standing.
The court also directed the Union Government to frame rules or schemes dealing with matters including pregnancy-related workplace accommodation, protection of role and professional status after maternity leave, lactation support, crèche facilities, grievance-redressal timelines, and protection against retaliation. The exercise has been directed to be completed within six months.
