India's Supreme Court strikes down age limit on maternity benefits for adoptive mothers
Employer HR and payroll teams must grant maternity leave and pay to adoptive mothers regardless of child age
Change
India's Supreme Court has struck down Section 5(4) of the Maternity Benefit Act, 1961, removing the three‑month age cutoff and making employers legally bound to treat adoptive mothers as eligible for statutory maternity benefits irrespective of the child's age.
Why it matters
Employers may no longer rely on a three‑month age threshold to deny statutory maternity benefits to adoptive mothers. The Court requires entitlement decisions to be grounded in caregiving needs and equality under Article 14 rather than the biological manner of childbirth.
Implications
- — Employer HR and payroll teams in India must immediately update leave workflows and pay calculations to grant statutory maternity leave and maternity pay to adoptive mothers irrespective of the child's age — failure creates legal non‑compliance and exposure to discrimination litigation.
- — Employer compliance and legal teams must immediately amend written policies and employee handbooks to remove any three‑month eligibility clause — continued use of that clause exposes employers to constitutional equality challenges and litigation.
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Source
View on outlookmoney.com