Pregnant woman facing forced resignation

Dear Client,
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave regardless of her nature or category of employment, i.e, probationer, intern, casual, contractual, or permanent, if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. The Act applies to establishments employing 10 or more persons, except employees covered under the Employees' State Insurance Act, 1948, which also requires 10 or more employees for the application of the Act. 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 your wife is eligible for maternity leave, she is entitled to avail of 26 weeks of maternity leave with full pay and return to your job, and the employer can not fire her from employment because of absence from work owing to pregnancy. 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 maternity benefits to women employees 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 her maternity rights that amounted to unfair labour practice. If required, consult with an Advocate specialising in labour and social security laws to navigate the issue legally and effectively.