Madras High Court in MRB Nurses Empowerment Association vs. The Principal Secretary and Ors., W.P. No. 27556/2018,on October 18, 2024, rejected the employer’s argument that nurses are only eligible for casual leave as prescribed in their appointment and posting orders. The Court ruled that the nurses are entitled to maternity leave under the provisions of the Maternity Benefits Act, 1961 (“Maternity Act “). Relying on the Supreme Court’s decision in Dr. Kavita Yadav vs. Secretary, Ministry of Health and Family Welfare Department and others (2024) 1 SCC 421, the Court observed that, by virtue of Section 27 of the Maternity Act, the provisions of the Maternity Act take precedence over any contractual conditions that deny or offer less favourable maternity benefits.
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