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Gratuity - joined a company in the year 2010. and i took leave from 2018 due to medical sickness - CiteHR

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Vimithavimitha
Sir, I joined in a company in the year 2010. and i took leave from 2018 due to medical sickness. But i resigned in 2022. Can i get the gratuity for the period from 2010 to 2022, or i get 2010 to 2018.
From India, Thrissur
vmlakshminarayanan
586

Hi,

You had availed leave from 2018 due to medical reasons. But when you submitted resignation ? After resuming back to work or while on long leave itself without going to office again ?

As per 1984 Amendment to the Payment of Gratuity Act interrupted service due to sickness, accident, leave or any other kind of cessation of work, not due to a fault of the employee would still count as a part of the employee’s ‘continuous service’.

As long as you availed the leave with the consent of the employer, and resumes back to work after the period of leave, such absence from work should also considered for the purpose of calculation of Gratuity.

After sickness leave how long you worked with the company will determine your Gratuity eligibility.

From India, Madras
Vimithavimitha
Sir, I didnt go to office after leave. Only went for resignation
From India, Thrissur
Vimithavimitha
Sir, I have 4 years and 6 months service in the organisation. Am i eligible for gratuity.
From India, Thrissur
vishram18
52

For gratuity continuous five years service required
From India, Bombay
vmlakshminarayanan
586

Hi Vimithavimitha

No you are not eligible for Gratuity. This is response for your query on eligibility for gratuity for 4.6 years service.

In the initial post you had claimed long years of service with long break in the final year? so which is true.

From India, Madras
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