Employer dismissal pregnant employee due to project shutting down

Dear Client,
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. An employer cannot discriminate against a woman employee based on her pregnancy status during her pregnancy or post-pregnancy, affecting her maternity rights. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child. Once a woman employee applies for maternity leave, the Company is duty-bound to approve her leave and disburse to her all the monetary benefits available under the Act. Once you are eligible for maternity leave, you are entitled to avail of 26 weeks of maternity leave with full pay and the employer can not fire you from employment because of absence from work owing to pregnancy. Typically, maternity leave is considered a special kind of leave, and it is not common practice to treat it as a notice period, as the purpose of maternity leave is to provide a benefit and support to the employee during a critical time. The Act allows women to take maternity leave even if they are serving a notice period and the employer cannot deny the maternity leave if the employee is eligible for it, even if she is serving a notice period. Section 27 of the Act ensures that maternity rights are protected during this period, preventing misuse of contract expiry as a reason to deny maternity benefits. Employers who unlawfully terminate or deny or curtail the maternity benefits admissible to women employees under the Act may face severe penalties under Sections 21 and 22 of the Act, including fines up to Rs 5000 and imprisonment up to 5 years or both, once an aggrieved employee serving a legal notice to the employer, bring the matter to the notice of the competent authority i.e, the concerned office of the Labour Commissioner/ Inspector, Shops & Establishment, State Health & Family Welfare Deptt concerned by filing a complaint against the employer for arbitrary and illegal action affecting your maternity rights that amounted to unfair labour practice. If required, consult or hire an Advocate experienced in the service and social security laws to resolve the issue legally and correctly.