Himachal Pradesh High Court, in Kamini Sharma vs. State of Himachal Pradesh & Ors. (CWP No.393 of 2022), on August 11, 2025, examined whether an employer could curtail an employee’s maternity leave on the ground that her services were regularised during the leave period. The issue arose when the employer cancelled the maternity leave after the employee submitted a medical fitness certificate at the time of regularisation. The employer contended that submission of the certificate effectively nullified her entitlement to maternity leave. The Court rejected this argument, noting that maternity leave sanctioned prior to regularisation could not be withdrawn merely because the employee became regularised. It observed that the employer had accepted the regularisation without raising any objection at the time of communication. The Court emphasised that the submission of a medical fitness certificate during regularisation does not provide a valid basis to deny a benefit that had already been granted. Consequently, the Court quashed the employer’s order cancelling the maternity leave. In essence, the Court held that regularisation of service cannot retrospectively affect statutory entitlements such as maternity leave, and employers cannot deny such benefits once sanctioned, unless there is a clear legal or factual basis to justify withdrawal.
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