Hi,
I have completed 3 years in the same organisation however I was on Leave without pay for 2month as I was on maternity leave( 3month paid by organisation + 2months extra without pay) and my question is how my gratuity days will be calculated. Would it 5 years from the day the joined organisation or 5years+ 2months.

From United States, Chicago
Hi
I have completed 4 years and 9 months in the company and have resigned from it, my company refuse to pay me my gradutity as they say that this 240 days are counted as working days only and no sunday or any leave taken into count.
Please adv
Regards
Pankaj

From India, Muzaffarpur
Dear Kamal,
I have completed 3 years in the same organisation however I was on Leave without pay for 2month as I was on maternity leave( 3month paid by organisation + 2months extra without pay) and my question is how my gratuity days will be calculated. Would it 5 years from the day the joined organisation or 5years+ 2months.
Thanks!

From United States, Chicago
Dear Guest,
The Payment of Gratuity Act, 1972 prescribes five years continuous service for being eligible for payment of gratuity. Since there is no break in service for two months duration on account of post natal leave without pay, you are eligible for gratuity from the date of your joining including period of post natal LWP. However, the calculation of qualified period of service would certainly differ but it would not affect your amount of gratuity as any period in excess of six months is to be rounded of to the next full year. So the actual period of qualified service of 4 years and 10 months would be rounded of to 5 years. Mothers may avail of any kind of leave after delivery for the welfare of the new born and such post natal leave is universally recognized as leave on valid ground. I see no hurdle in your getting gratuity if you are planning to leave job immediately after completing 5 years duration including maternity leave + post natal leave without pay. Thanks & regards,

From India, Pune
Hi,
Please note that to claim gratuity, 5 years should be complete. About completion more than 6 months it will be counted 1 year if you have completed 5 years. Suppose, you complete 5 years & 7 months, you will get gratuity for 6 years.
Thanks,
Rajvir Singh Beniwal
HRD Manager

From India, Delhi
Dear Seniors, I had worked for a pvt ltd company from 19/02/2010 to 08/11/2014, the working period is 4 yrs 7 month 8 days,am I eligible for gratuity or not? Regards Jagannath Pandit
From India, Mumbai
Dear Mr. Rajiv Singh Beniwal;
Your information is appreciated. However would you please refer the supportings in Act 1972.
In fact the Gratuity eligibility as per 1972, if we interpret with respect to Sec 2A "the defintiton of Continuous Service" and the Section 4 "the payment of Gratuity for 5 years Continous Service" was the basis of the verdict Given by Madras HC. If you or any others have any comments, please.

From India, Sirsa
If the Gratuity Amount comes under Cost To Company or CTC, can this follow Act 1972?
From India, Sirsa
HI
I Have Completed 4 Years 8 Months (From 01/04/2009 to 17/12/2015). Am I Eligible For Gratuity?
I Have Gone Through An Article Which Says That Eligibility For Payment Of Gratuity Is 5 Years. Quantum Of Service Will Be Consider Full Year If Some One Has Completed 6 Month Or More Than That.
Pl Advice To Me Regarding My Eligibility Of Payment Of Gratuity.
Thanks,
leena


Any employee who has completed his 5 years of service in a concerns. he is entitle for Gratuity benefit. In addition if an employee who has compeleted 4 years 9 months he is not entitle for Gratuity. Generally at the time of calculation of Gratuity if an employee has completed 5 years 6 months it wil be consider as 6 years for round off other than 5 years less than are not eligible for the payment of gratuity. hope you like dis . thank u
From Kazakhstan, Aktau

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