Hi The period in which he remained on ESI leave ( sick leave) should be treated as continuous services and he is eligible for gratuity benefits for 19 years. Regards, Sivadasan
From India, Udaipur
7From India, Udaipur
yes esi leave must be counted in calculation of gratuity as because the componsation paid by esi is part of employee salary. sumit, 9899669071
From India, Ghaziabad
From India, Ghaziabad
Dear Vijay,
Keeping in view details given by you, the concerned employee will be entitled to payment of Gratuity for 19 years and not 18 years since he has although not completed 240 days in that particular year but completed more than 6 months of continuous service (exceeding 120 days). Moreover he was under ESI where he must have got partial salary from ESI for the duration (65 days) he was under the treatment.
Best Ragards
GL SONI
+919811681671
Keeping in view details given by you, the concerned employee will be entitled to payment of Gratuity for 19 years and not 18 years since he has although not completed 240 days in that particular year but completed more than 6 months of continuous service (exceeding 120 days). Moreover he was under ESI where he must have got partial salary from ESI for the duration (65 days) he was under the treatment.
Best Ragards
GL SONI
+919811681671
Dear all!!!! Section 2-A of the PG Act stipulates that for calculation of continous service the period of uninterrupted service including the period of sickness, accident, leave, absence (except where there is a break in service), lay off, strike, lock out, or cessation of work not due to the fault of the employee. Hence the different contingencies stated in your query like ESI leave, absence, suspension etc cannot deprive an employss of getting gratuity for that period. Hope the same clarifies regards KK Nair
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Minimum Qualifying service for Gratuity under the Payment of Gratuity Act.docx