Eligibility for Maternity Benefits
In order to be eligible for maternity benefits, a benefit in the nature of 6 months (26 weeks) leave with salary and Rs. 3500 as a medical bonus is available to women employees who have worked for at least 80 days during the 12 months immediately preceding the date of delivery. If that employee is under ESI, then it is 70 days of contribution in two contribution periods, which is also equal to almost one year.
The above interpretation of the law is mine only, and there have been many discussions on similar issues. Some argue that a woman is entitled to maternity benefits if she has worked at least 80 days before delivery. This interpretation does not consider the wording in section 5(2) of the Act, which states, "No woman shall be entitled to maternity benefit unless she has actually worked... for a period of not less than eighty days in 'the twelve months' immediately preceding the date of her expected delivery." The explanation for 80 days also states that, "For the purpose of calculating the days on which a woman has actually worked in the establishment (i.e., the 80 days as mentioned above), the days for which she has been laid-off during the period of 'twelve months' immediately preceding the date of her expected delivery shall be taken into account."
The above views show that 12 months from joining and 80 days in that period are preconditions for getting maternity benefits.
Firing an Employee Due to Pregnancy
Firing an employee on the grounds of pregnancy is, in any case, a very bad HR practice. For that, you can approach the appropriate authority.
Understanding Labour Laws
Labour laws are meant for persons who work for employers. These laws protect employees. However, just on the ground that I have become an employee, the laws may not become a protective shield for me. It is seen that some people join an organization just to avail leaves. The very purpose of becoming an employee is to understand what rights are and how to get them.