Hi,
I agree with Mr. Afsal Abdulkhani
but even in the Maternity act 1961 is not saying that the employee is who is performing / not performing well in the organization then the management has all the right to take the necessary action towards the Employee
But you must be very care full while terminating to any emmployee, i appreciate to go through your appointment letter whihc has been issued to the employee at the time of joining the organization just follow the same with every individual employee of the organization......
if your, appointment is not clearly specifying that about the termination part then need to focus a lot before terminating the such said employee.
Better first discuss with that particular employee, about her inhibiting factors and then see where it is going wrong then take the necessary precaution towards the said employee, because as you said that she is probation period and pregnant
as she working with your organization since 80 days, by this particular time framing you cannot judge any employee performance, she has to mingle with the company and the projects what you guys have assigned to her/him...
before taking any action on that particular employee have discussion with her senior and then take the necessary precaution.
even then after discussion want to terminate her then take the reports from her about her pregnancy and then decide as per your company policies says, if not frame the policy immediately then take the necessay action with her, and coming to paying towards the compensation she is not entitle for the MB as she is not applied for the maternity leave, in due course see that the said employee will not apply leave towards the maternity, if she applies then your Organization has no right to terminate her being showing the bad performance and hereafter entitle to pay the salary for about 12 weeks.
I appreciate if you have again doubt about the same, then feel free to get in touch with the said contact number of email address
With regards
Satya Penubothu