Shwetha 04 December 2017

Eligibility for gratuity in case of lop

Hi,

I am an IT professional. I have worked in a private firm from 22/2/2012 to 3/2/2017. In between I was on maternity leave twice :

1) From 9/6/2013 to 31/3/2014 - 6 months LOP

2) From 4/1/2016 to 31/7/2016 - 4 months LOP

When I checked with the HR about the gratuity, they mentioned that I'm not eligible because of the LOP leaves. But, my experience letter says that I was employed in that organisation from 22/2/2012 to 3/2/2017. Please let me know if I'm eligible to apply for gratuity.

Thanks!

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2 Replies

Ankit Verma (Lawyer) 04 December 2017

No, shwetha you are not eligible for Graduity, an employee shall only be in continous service but in case of maternity leaves the total period of such maternity leaves does not exceed twelve weeks.

You can only takes leaves for maternity upto 12 weeks not more than that but in your case you had taken around 40 weeks at your first time maternity leave and around 28 weeks at your Second time maternity leave.