You are entitled to maternity leave in terms of the provisions of Section 5(3) of the Maternity benefit as below-
5. Right to payment of maternity benefit.-
(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.
Explanation.--For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, 1*[the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 or ten rupees, whichever is the highest.
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 1*[eighty days] in the twelve months immediately preceding the date of her expected delivery: Provided that the qualifying period of eighty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation.--For the purpose of calculating under this sub- section the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twenty weeks of which not more than eight weeks shall precede the date of her expected delivery:
Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery;
As regards to stressful work, you have the option to seek non-arduous work in terms of the provisions of Section 4(3) as below -
4. Employment of, or work by, women prohibited during certain period.- (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the eighteen weeks immediately following the day of her delivery or her miscarriage.
(3) Without prejudice to the provisions of section 5, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub- section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be-- (a) the period of one month immediately preceding the period of eight weeks, before the date of her expected delivery; (b) any period during the said period of eight weeks for which the pregnant woman does not avail of leave of absence under section 5.
As regards to your intention to leave or resign from the job with or without serving notice period, it is unconnected with the benefits you are entitled under the Maternity Benefit Act and , may be, it could be a case of taking undue advantage of a beneficial legislation.
