My wife has worked for a pvt ltd company for 4 yrs & 8 months after which she has been on medical leave (actually maternity, first trimester due to some complications) if she resigns now, will she be eligible for gratuity payment & how much will she receive..considering she finishes 5 yrs on 1st jan 2010.
From India, Delhi
Your wife being completed 4 years and 8 months, is eligible for gratuity payments. If she is availing the maternity leave of 6 weeks as per law that leave is also a part of her service.
If she resigns after 5 years as you said, the gratuity will be :
1. last drawn Basic Plus D.A / 26 days = 1 day wage / salary
2. per year gratuity = 15 days X 1 day wage / salary
3. Total service i.e. in your case 5 Years X per year gratuity.
For Ex: Basic + DA = 100
per day wage = 100 / 26 days = 3.85 per day wage
Gratuity per year = 15 days X 3.85 = 57.75
Gratuity for 5 years = 5 X 57.75 =288.75
Mohan Rao
Manager HR

From India, Visakhapatnam
thankyou for your reply.
does the maternity leave also apply in the first trimester of pregnancy,or is it only applicable for 3weeks before & after this case can she avail medical & maternity leave both for a period of 4 months & are these leaves paid?!!
The gratuity will be paid automatically in her f&f settlement or she will have to ask for it?!
she has recvd salary so far for 2 months & has been on leave w/out pay since.
Thanks - Sandeep

From India, Delhi
Maternity leave is applicable only 6 weeks before and 6 weeks after delivery of child
For benefit of gratuity she got to apply in a separate form prescribed to the employer after resignation and having 5 years of continues services with the said employer. Or having 4 years and 240 days of service.
If is she is miscarried , fall ill after delivery than another 1 month of leave is a paid leave and there after any leave is leave with out pay.
Mohan Rao
Manager HR

From India, Visakhapatnam
Dear Mr. Mohan Rao,
In our company, maternity leave is applicable 12 weeks. will it change from company to company?
Can you please tell me about Gratuity, to whom it is applicable, is it applicable in each and every company. ..... when an employee falls under this.....
Awaiting your quick reply....

From India, Eluru
Hi Annukalpana
There was a typical error in figures is. 6 months before and 6 weeks after delivery, now corrected, This leave applies to all the organisations and establishments.
Gratuity is applicable to all the employees of any organisation / establishments when a employee covers a services of 5 years and more. Gratuity is paid @ 15 days salary / wage per year of service. To arrive at 15 days wage or Salary , the last paid Basic + DA is to be divided by 26 days for arriving at 1 (one ) day wage / salary and then it has to be multiplied by 15 days to arrive at per year of Gratuity amount. Hope you are clear.
Mohan Rao
Manager HR

From India, Visakhapatnam
Dear Mr.Malhotra,
Gratuity Payable=15\26*last drawn wages*no.of yrs of service
last drawn wages=basic+DA
no. of yrs of service=5 or more yrs
For example your Basic+DA=5000(at the time you resign),and you hav 7 yrs of continuous service,then the gratuity payable to you will be:
Maximum Ceiling For Gratuity is 350000
i hope you got the calculations
Warm regards,

From India, Ahmadabad
My company does not have D.A. instead they are paying Spl. allowance. Can any body suggest me is Spl. allowance included while calcuating gratuity. I will be pleased if some notification or PF commissioner's or court verdict may be attached as support.

From India, Mumbai
Thanks Mr Rao,
also if u could the one month period of notice considered as part of service( to calculate 5 yrs) or should notice of 1 month be served after giving the resignation papers.
Just to reinstate maternity is applicabe 6 months before & 6 weeks after delivery?!

From India, Delhi
Mr. Sandesingh
1. One month notice period is also calculated in total service
2. 1 month notice period the employee had to work for taking into consideration in total
3. 1 month notice to be submitted along with the resignation.
4. The maternity leave with wages as per MB Act is 6 weeks before and 6 weeks after
5. If there is any miscarriage or illness then 1 month of leave with wages can be availed
with the support of the doctor's certificate.
Hope you are clear.
Mohan Rao
Manager HR

From India, Visakhapatnam

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views using the reply box below. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone.

Please Login To Add Reply

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2021 Cite.Co™

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server