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Gratuity eligibilty

Dear Sir/Madam,

I wish you to guide me with regards to the gratuity payment. I have joined the organisation on 01/01/2007 and have resigned from the said organisation. I will be serving the notice period and my last day of work will be 31/03/2012.

Also i would like to mention i was on leave in the last year ie.from 15/01/2010 to 31/12/2010 for my pregnancy & other medical problems. But i got the ESIC Benefit(maternity benefit for 84 days)for the same b\\\'coz rejoined in the office for 1 day ie on 01/07/2010 (maternity leaves was from 7th April 2010 to 30/06/2010) to avail the ESIC Benefit.Again from 02/07/2010 to 31/12/2010 I was on leave .Also these leaves were without salary permitted by the management .I want to know whether i am eligible for gratuity in these conditions . 



 2 Replies

Bhagwan Tolani (Salaried)     12 March 2012

No, Ms. Vijayita,

You are not eligible for Gratuity because your leaves are not only related to Maternity but also for other medical problems, as you mentioned in your briefing.

This is clearly mentioned in Maternity Benefit Act 1961, that for Delivery 80 days leaves your entitled and for any disease due to preganance or other problem like miscarriage etc. you are entitled for maximum 1 month leave only.

Now you can observe yourself that how exceeded leaves you have taken for the purpose.


For more clarification Please refer to Maternity Benefit Act 1961


Thanks & Rgds

Kumar Doab (FIN)     12 March 2012

This is an interesting thread. Valuable advice of learned experts/members is sought to help the querist and to enrich the forum.  As per post of Ms. Vijayita whole leave is permitted or sanctioned on record. It is felt that since there is no intruption of service, thefefore should be eligible for gratuity.

Payment of Gratuity Act

Section: 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 [***] treating the absence as break in service has been passed in accordance with the standing order, 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.

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