Labour Law & Hr Consultant
Industrial Relations And Labour Laws

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I joined a company on 5/2013. During 09/2015, I took 90 days of maternity leave. After that, I took 20 days of earned leave and then again took 148 days leave as extended maternity leave (Leave without pay). After maternity, I am still continuing in the same company and planning to quit now. Will I be eligible for gratuity?
From India, Chennai
Your post does not speak about the total length of service. If you have 5 years service and of that the loss of pay period is a period which is remaining un regularised, then this 148 days will be taken as break of service which will make you ineligible to gratuity.
From India, Kannur
Hi Madhu, thanks for your reply. I have been in this company for 5 years 2 months.
From India, Chennai
Ideally you should get Gratuity as per the Act. Hi Madhu, thanks for your reply. I have been in this company for 5 years 2 months
From India, Pune
Any unauthorised leave taken by an employee which is not declared as break in service by the employer has to be taken into account for the purpose of computation of continuous service in any period. Unless it is declared as break in service, such an interruption has to be deemed as non-interruption only as per Sec.2-A of the Payment of Gratuity Act,1972.
Therefore, if your information is correct, you are entitled to gratuity for the entire period of leave on loss of pay too.

From India, Salem
Thanks for your response. Even though, I took 148 days leave, my company sent me the 5 years anniversary completion wishes.
Therefore, as you said, I think I am eligible for gratuity.
Thanks for the detailed info.

From India, Chennai
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