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Rashmi malti (accountant)     30 June 2023

Gratuity and leave encashment

I served organization for past 8 years from the year 2015. In 2016 I got Confirmation.

I was on maternity leave from 1.7.22 to 31.12.2022

Whether I am eligible for gratuity and Leave Encashment.

There are 30 days earned leave every year which I have not availed


 6 Replies

Ashish Tewatia (Advocate )     30 June 2023

Yes you became eligible for gratuity after minimum service of 5 years in most of the organization. For the issue of Leave enchasment i need further details.


kavksatyanarayana (subregistrar/supdt.(retired))     30 June 2023

Yes. You can get.

T. Kalaiselvan, Advocate (Advocate)     30 June 2023

Yo are eligible for grautity if yor company falls within the requisite crteria.

An employee should complete 5 complete years of service within the organization to be eligible for gratuity payment

Leave encashment refers to the compensation provided by an employer to an employee for their unutilized paid leaves at the time of retirement or resignation. According to labor laws, every salaried person is entitled to a minimum number of paid leaves each year.

Ashish Tewatia (Advocate )     21 January 2024


Sudhir Kumar, Advocate (Advocate)     21 January 2024

Originally posted by : Ashish Tewatia




his judgement perhaps relates to another issue.

Ritesh Maity (Labour Law Advocate)     26 January 2024

Since you have completed more than five years of service, you will be entitled to gratuity at the time of cessation of your employment. 

You will be also entitled to maximum leave encashment in terms of your letter of appointment or law of land.

Your maternity leave is immaterial for the purpose of deciding payment of gratuity and leave encashment. 

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