Some relevant section of law relevant to the case:
12. Dismissal during absence or pregnancy. -- (1) Where a woman absents herself from
work in accordance with the provisions of this Act, it shall be unlawful for her employer
to discharge or dismiss her during or on account of such absence or to give notice of
discharge or dismissal on such a day that the notice will expire during such absence, or to
vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the
woman but for such discharge of dismissal would have been entitled to maternity benefit
or medical bonus referred to in section 8, shall not have the effect of depriving her of the
maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct the
employer may, by order in writing communicated to the woman, deprive her of the
maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty
days from the date on which the order of such deprivation is communicated to her, appeal
to such authority as may be prescribed, and the decision of that authority on such appeal,
whether the woman should or should not be deprived of maternity benefits or medical
bonus or both, shall be final.
(c) Nothing contained in this sub-section shall affect the provisions contained in subsection
(1).
13. No deduction of wages in certain cases. -- No deduction from the normal and usual
daily wages of a woman entitled to maternity benefit under the provisions of this Act
shall be made by reason only of –
(a) the nature of work assigned to her by virtue of the provisions contained in subsection
(3) of section 4 : or
(b) breaks for nursing the child allowed to her under the provisions of section 11.
""I have a female employee who has taken her second maternity break with us in a period of 3 years and has extended her maternity break by another 3 months of unpaid leave""
Taking second maternity break is not unauthorised.
Extension of maternity leave was on what grounds?
Any medical certificate?
Is leave paid our Unpaid?
When you talk three months addition leave,please read :
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or
miscarriage. -- A woman suffering illness arising out of pregnancy, delivery, premature
birth of child or miscarriage shall, on production of such proof as may be prescribed, be
entitled in addition to the period of absence allowed to her under section 6, or, as the case
may be, under section 9, to leave with wages at the rate of maternity benefit for a
maximum period of one month.
So take a careful decision.
Asking her to leave or forcing her to resign needs careful consideration abut legality.