Umakanthan53
Labour Law & Hr Consultant

I was working with an MNC from 11-Oct-2011 to 19-May-2017. In between I had availed Leave without Pay(LWP) which were duly approved by the organization. The number of LWP availed is 283 days as being told by HR. I have been told that I am not eligible for Gratuity as I should complete 4yrs and 190 days of services. As per my calculation I still complete the criteria. Can you please let me know if I am eligible for gratuity payment with LWP availed?
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Dear Pallavi,
From your inputs, the following facts are discernible:
(a) Your total length of service from 11-10-2011 to 19-05-2017 = 5 years 7 months and 8 days.
(b) The authorised Leave on Loss of PAY is 283 days.
Therefore,
(1) You are eligible to claim gratuity since your total length of service in the organization from the date of entry to the date of exit is more than 5 years.
(2) You are also entitled to gratuity for the entire 283 days on LWP since it is authorised and as such would fall into "continuous service" as defined u/s 2-A of the Payment of Gratuity Act,1972.
By and large, you are entitled to gratuity for a continuous service of 6 years.
Hi
I m bit of confused in term of continues services as per gratuity act section 2A.
question
I joined an organization in the year of 2011 (2nd qtr) and in the year of 2015 (3rd qtr) I takes a leave without approval 8 month (LWP). My employer assume that I left the organization but I did not (in this 8 months no communication are done by mine or nor employer)
in the 2nd qtr of 2016 I rejoined the same organization on same T & C along with no increment policy
but due to sickness I left the organization in the 3rd qtr of 2019 cause I resigned
my employer say I m not eligible for gratuity
please advise
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