No minimum gap needed between two pregnancies to get maternity leave: Allahabad HC

The Allahabad High Court ruled that no minimum gap is required between two pregnancies to avail maternity leave.

The court held that maternity benefits are governed by the Social Security Code, 2020, which does not impose a timeline between pregnancies.

Justice Siddharth Nandan set aside a medical education department order dated January 9, 2026, that had rejected maternity leave for petitioner Shikha Yadav.

Shikha Yadav, a staff nurse under the Uttar Pradesh Department of Medical Education, was denied maternity leave because less than two years had elapsed since her previous leave.

The court directed the department to decide on Yadav's fresh application in light of the Social Security Code, 2020.