Dear Friend,
I need to know about my Gratuity as I am working in a Pvt. Ltd. co for last 5.3 yrs.during my pregnancy period I have taken 6 months (2014) & 2 months (2015)Leave without pay before and after my delivery. shall I claim for Gratuity benefit if I am submitting resignation from my service.
Pls help me out.
Thanks and Regards,
Moutusi Deb
From India, Calcutta
I need to know about my Gratuity as I am working in a Pvt. Ltd. co for last 5.3 yrs.during my pregnancy period I have taken 6 months (2014) & 2 months (2015)Leave without pay before and after my delivery. shall I claim for Gratuity benefit if I am submitting resignation from my service.
Pls help me out.
Thanks and Regards,
Moutusi Deb
From India, Calcutta
The period on which an employee is on leave whether it is maternity leave or general leave during the period of five years of continuous service will be treated as period on duty and form part of the service for the purpose of computation of gratuity.
B.Saikumar
From India, Mumbai
1897B.Saikumar
From India, Mumbai
Hi,
For gratuity calculation there is only condition the Period from your Date of Joining and Last working day should be more than 5years no matter whether you are on leave or Leave Without Pay.
Hope your concerns were clarified.
Thank you
Regards,
Hareesh K - HR
From India, Hyderabad
For gratuity calculation there is only condition the Period from your Date of Joining and Last working day should be more than 5years no matter whether you are on leave or Leave Without Pay.
Hope your concerns were clarified.
Thank you
Regards,
Hareesh K - HR
From India, Hyderabad
Rule position is given below
1[2A. Continuous service.—For the purposes of this Act,—
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order 2[***] treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
As learned members have clarified,your absence on medical ground will not affect entitlement of gratuity.
From India, Pune
1[2A. Continuous service.—For the purposes of this Act,—
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order 2[***] treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
As learned members have clarified,your absence on medical ground will not affect entitlement of gratuity.
From India, Pune
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc