T.N. government amends maternity leave rules to benefit women employees

The Tamil Nadu government recently amended the service-related rules governing its women employees to allow relaxation in availing of maternity leave. Under the amendment, maternity leave of 365 days may be granted for one additional delivery, even if a married woman government servant already has two surviving children born as twins in her first delivery.

Earlier, in such cases, maternity leave of only two weeks could be granted, and no more than six weeks could precede the expected date of delivery. The Tamil Nadu government’s decision, issued through a G.O. dated March 13 this year, followed orders of the Supreme Court dated May 23, 2025, and the Madras High Court dated January 21, 2026.

However, as per the amendment, in the case of a married woman government servant having two or more surviving children, maternity leave on full pay shall be limited to a period not exceeding 12 weeks, which may be availed of from pre-confinement rest to post-confinement recuperation, at the option of the government servant.

“Based on the observation made by the Supreme Court of India, it is clear that the restriction of grant of maternity leave to women employees is violative of Article 21 of the Constitution of India and entitlement of maternity benefits without restricting the number of children, by the women employees are recognised by the various International treaties and Conventions,” the G.O. issued by Chief Secretary N. Muruganandam for the Human Resources Management Department said.

Referring to the Supreme Court order, the Tamil Nadu government said it carefully considered the order and the provisions under the Maternity Benefit Act, 1961, and has further decided to grant maternity leave to the women government servants having two or more than two surviving children and make suitable amendments to this effect in the Fundamental Rules of the Government of Tamil Nadu, 1922.