HR_gayathri
Dear Seniors,
An employee is with us almost 4 yrs and now she wants marriage leave for 2+ months. As on official company's leave grounds, it is difficult. But please let me know will her Gratuity be affected if she goes on marriage leave for 2+ months and re joins for work after that. Please advice
Regards
gayathri

From India, Bangalore
gimsur
7

she should have 75% of attendance in every year from the total working days of your company at the end of the 5 th year
From India, Madras
HR_gayathri
Thanks Suresh for the reply. I still would like to clarify/know if she says to resign temporarily, and then to rejoin after her marriage leave, in this instance, will her gratuity be affected
From India, Bangalore
gimsur
7

No, if she resigns, she will not be eligible. She should be in the continuous service with the above condition ( 75% attendance is a must )
From India, Madras
HR_gayathri
Suresh, I am summarizing my understandings here. Please correct me if I am wrong
1) She should have 75% attendance every year and till the end of 5 yrs to avail eligibility of Gratuity
2) Secondly, even if she resigns temporarily, she will not be eligible for Gratuity

From India, Bangalore
murugavelbalaraman
68

Dear Member,
If any employee takes authoriszed leave,or leave or absence due to strike, lay-off,lock-out not on the fault of employee or leave due to maternity/miscarriage, disablement due to accident as authorised by the mangement or under any social security provisions of the act such period of time should considered as continuation of service to calculate the magic figure of 240 days. It includes Weekly off/national and festival or declared hoildays by the employer for which the employee is entitled to receive the payment of wage/salary.

From India, Madras
Heena_Bhola
7

Hi Gayathri,
She must have 75% attendance (240 working days ) of every year till 5yrs. Secondly it must be continuous service if she gives temporary resign so she will not able to avail gratuity. but if she didn't take leave in whole year so she can take leaves and can get avail gratuity after 5 years.
Thanks & regards,

From India, Ambala
HR_gayathri
Heena, Just to clarify, If she didnt take leaves this year, we could permit the 2 months marriage she requests? As a company, we could not allow since its a long leave request
From India, Bangalore
HR_gayathri
Heena, Just to clarify, If she didnt take leaves this year, we could permit the 2 months marriage leave she requests? As a company, we could not allow since its a long leave request Regards gayathri
From India, Bangalore
boss2966
1166

Dear Gayathri
If the employee has given leave by the company for more than 2+ months leave with pay or any Half Pay leave or any other type of leave for her marriage, then the employee is eligible to get the Gratuity. If the employee got punished for her absence and the total tenure for 4 years is less than 75% attendance and/or in last year (i.e., in 5th year) less than 240 days attendance then the employee is not eligible to get the Gratuity.
If your company policy does not allow her to get 2 months leave at a stretch then instruct her to come for 1 or 2 days after a lap of 1 month period and let her avail further 1 month leave. During that 1 or 2 days present you can arrange a small party in office for her marriage.
If you wish everything is possible and if you do not wish then nothing is possible.
Wish you all the best

From India, Kumbakonam
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