In a recent judgement the Supreme Court has ruled that an employee on fixed term contract shall be entitled to the entire 26 weeks lavee even if her contract of employment will come to an end during the leave period (Dr. Kavita Yadav Vs The Secretary, Ministry of Health and Family Welfare Department and Others ( 2023 LLR 1299)
But there is a difference between the above case and the matter with you. The case of Dr Kavita was that she had entitlement of leave but since the fixed term for which she was hired has expired just after her leave started ( eleven days of starting of leave), obviously, the contract of employment had come to an end after 11 days of starting of leave. The FTC was not renewed and due to this the leave was automatically discontinued. The Court observed that not extending the maternity leave and or paying the medical bonus, as applicable, would mean that the employee has been dismissed from service which is against section 12(2)(a) of the Act.
Now coming to your situation, the employee was hired for six months period. In order to terminate the contract now, there should be some termination clause. On the basis of that clause you can terminate the contract now. Moreover, she will not come under the eligibility condition of 80 days immediately preceding 12 months. There are two conditions as per my interpretation, viz, 12 months and 80 days service in this 12 months. Though many experts have different opinion about 12 months in the eligibility condition, my interpretation is that in order to be eligible for maternity leave there should be 80 days working in 12 months, and as such, simply by working for 80 days, say in three months, one cannot become eligible for maternity leave.
It is still a question of law. At the same time, denying employment to a woman on the basis of her pregnancy is again unethical also. But is it ethical to demand 26 weeks leave with pay by an employee who has not even worked for a year, but has worked only for 80 days?