Never calculate gratuity in advance and then put the paper.If you are not interested to work with an employer who has given you employment for all the 4 years plus with 6 months maternity leave (yes, though as a right conferred on you) quit immediately. Forget the scope of Gratuity Act.
27th March 2018 From India, Kannur
#AnonymousThey have provided the employment plus maternity leave, I agree. But I have worked more than necessary. It's not because i am not interested to work with them I am planning to quit, it's because of other commitments. I do not want to forget the scope of Gratuity and quit. I think it's my right. And would like to avail it. Please do not provide such advises like quit immediately if you are not interested and all that.
27th March 2018 From India, Bengaluru
#Anonymous@suresh2511..I wanted to know how many months should I work precisely. Its not exactly 5 years, but less, therefore not necessarily I should work till the date you have shared. I know my rights, Ofcourse but not the exact tenure! That's why I have raised in 'forum' hoping somebody with some knowledge about this would reply.
28th March 2018 From India, Bengaluru
As per the provisions of Payment of Gratuity Act, 1972 you are required to work minimum period of 5 years than you are eligible for Gratuity and thereafter every 6 months and above it will be considered as 1 whole year.
You have already availed maternity leave of 7 months (Aug. 17 to Feb. 18) therefore do not take any risk for any shortfall. It is therefore, advisable to get yourself relieved only after 23.09.2018 for receiving gratuity amount.
There are cases where Courts have awarded judgments for payment of gratuity who had worked for 4 yrs. and 240 days but its on merit. There is no amendment in Payment of Gratuity Act to pay gratuity who have worked for 4 yrs. and 240 days. Your company will definitely refuse to pay you gratuity, if you get yourself released on or before 22.09.2018.
If your attendance record is satisfactory (without LOP) then you can leave only after 23rd July, 2018 and thereafter fight for gratuity thru Court.
28th March 2018 From India, Thane