UP cabinet approves 180 day maternity leave twice
Source:gktoday ↗
Why It Matters
Uttar Pradesh-specific social welfare schemes, legal amendments, and High Court rulings are highly relevant for UPPSC Prelims. This topic integrates state administrative rules with central laws (Maternity Benefit Act), making it a prime candidate for questions on women's welfare and center-state legislative dynamics.
Summary
The Uttar Pradesh Cabinet has approved a significant policy change, allowing female state government employees 180 days of paid maternity leave twice during their service career, with the benefit also extending to adoptive mothers. This move removes the previous requirement of a two-year gap between leaves by amending the Uttar Pradesh Financial Handbook. The decision complies with recent Allahabad High Court judgments affirming that state rules cannot supersede central legislation such as the Maternity Benefit Act, 1961, and the Code on Social Security, 2020. Additionally, the Cabinet waived stamp duty for transferring closed sugar mill lands and sanctioned funding for one crore flags for the Har Ghar Tiranga Abhiyan 2026.
Key Points
- The UP Cabinet approved a policy granting 180 days of paid maternity leave twice to female state government employees, including adoptive mothers.
- The mandatory two-year gap between the first and second maternity leaves was removed by amending Rule 153(1) of the Uttar Pradesh Financial Handbook.
- The decision followed Allahabad High Court rulings stating that state executive rules cannot override central laws like the Maternity Benefit Act, 1961, and the Code on Social Security, 2020.
- The Cabinet also waived stamp duty and registration fees for transferring closed state sugar mill lands to the UP State Industrial Development Authority.
- State finance commission funding was approved for producing one crore flags in urban areas under the Har Ghar Tiranga Abhiyan 2026.
Important Terms
Maternity Benefit Act, 1961
A central Indian legislation regulating maternity leave and benefits. The Allahabad High Court ruled that its provisions protecting women's maternity rights supersede any conflicting state executive instructions.
UPSC context
Crucial for GS Paper 2 (Social Justice). Tests understanding of women's welfare mechanisms and central-state legal primacy.
Code on Social Security, 2020
A central labour code consolidating social security laws. Section 161 gives it overriding effect over inconsistent state rules, protecting women's maternity benefits from state-level administrative restrictions like mandatory leave intervals.
UPSC context
Relevant for GS Papers 2 and 3. Tests knowledge of labour reforms, statutory rights versus executive orders, and women's rights.
Uttar Pradesh Financial Handbook
The administrative rulebook governing UP state government employees. Its Rule 153(1) was amended by the Cabinet to remove the legally invalid mandatory two-year gap between two spells of maternity leave.
UPSC context
Important for UP-specific GS Papers 5 & 6. Tests knowledge of state administrative frameworks, civil service rules, and policy updates.
Har Ghar Tiranga Abhiyan 2026
A nationwide patriotism campaign. The Uttar Pradesh Cabinet recently approved state finance commission funding to produce one crore national flags for widespread distribution in urban areas.
UPSC context
Relevant for Prelims and GS Paper 5. Tests knowledge of state government initiatives, cultural awareness campaigns, and fund allocations.
Uttar Pradesh State Industrial Development Authority (UPSIDA)
A state agency promoting industrial growth. The UP Cabinet recently waived stamp duty and registration fees for transferring closed sugar mill lands to UPSIDA to boost regional industrial development.
UPSC context
Highly relevant for GS Paper 6 (UP Economy). Tests knowledge of state industrial policy, land utilization, and infrastructure development.
Prelims Trap
The 180-day maternity leave is exclusive to biological mothers and requires a mandatory two-year gap between leaves.
The amendment explicitly removes the two-year gap requirement and legally extends the 180-day leave benefit to adoptive mothers, overriding older state restrictions.
Static Concepts Connected
How is legislative repugnancy resolved under Article 254 of the Constitution?
- Concurrent List: Labor welfare is on the Concurrent List, meaning both Parliament and State Legislatures can make laws on it.
- Central Supremacy: If a state law contradicts a central law on the same subject, the central law prevails and the state law becomes void to the extent of repugnancy.
- Presidential Assent: A state law on a concurrent subject can override a central law only if it was reserved for and received the President's assent.
What are the key provisions of the Maternity Benefit (Amendment) Act, 2017?
- Leave Duration: Increased paid maternity leave from 12 weeks to 26 weeks for the first two children.
- Adoptive Mothers: Grants 12 weeks of leave to commissioning mothers and adoptive mothers who legally adopt a child below three months of age.
- Creche Facility: Makes it mandatory for establishments with 50 or more employees to provide creche facilities within a prescribed distance.
Cross-Topic Patterns
Maternity Benefits & Social Security Code
The alignment of UP's executive rules with the Code on Social Security, 2020 highlights the ongoing harmonization of state labor welfare provisions with the new overarching Central Labour Codes.
Repurposing Defunct Industrial Land Banks
Waiving stamp duty to transfer closed sugar mills to UPSIDA reflects UP's broader strategy of brownfield industrialization—repurposing defunct state assets to expand manufacturing land banks.
Expect a multi-statement question combining UP's removal of the 2-year gap for maternity leave with Article 254 (repugnancy).
Linked PYQs · 3
Linked PYQs · 3
- 2024UPPSC_PRELIMSGS1
With reference to National Food Security Act , which of the following statements are correct? 1. It will cover up to 75% rural and 50% urban population. 2. It has special focus on nutritional support to women and children. 3. It was enforced on July 5, 2010. Codes :
- 2023UPPSC_PRELIMSGS1
Which of the following scheme/s is/are related to Uttar Pradesh? (1) Anuthee Uphar Scheme (2) Matra Shakti Udyamita Scheme (3) Kaushalya Matritva Scheme (4) Stree Nidhi Scheme Select the 'correct' answer using the code given below -
- 2023UPPSC_PRELIMSGS1
Which of the following Scheme/Programme is not the Central Government Programme and it is Uttar Pradesh Government's Programme?
