Insolvency N Gst Professional
Korgaonkar K A
Compliance Manager

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Kindly clarify my doubt,My joining date 11.04.2014. Now its over to 4 years 130 days, Based on our rule gratuity eligible for 4 years 240 days. Now am going to take maternity leave for 6 months. (From Oct 2018 to Mar 2019) After completing maternity leave am i eligible for gratuity. because its will be completed 5 years. These 6 month leave days can take for Earned Leave or not? Am I eligible for EL.
Eligibility of gratuity arise after 5 continuous service and not 4 years 240 days.
240 days is the minimum number of days to work in the fifth year.
Taking ML will not affect entitlement of gratuity.

It seems you are from Coimbatore, TN.
If it is so then what you are saying that you are eligible for Gratuity on 4 years 240 days, is right as per the Judgement of Madras HC in MetturBeardsell Ltd.
In April 2019 you will be completing 5 years in service thereby you will be in continuous service for 5 years and thereby there will not be any issue of eligibility of your Gratuity.
"continuous service" means uninterrupted service and includes service which is interrupted by sickness, accident, leave, layoff, strike or a lock-out or cessation of work not due to any fault of the employee concerned, whether such interrupted or interrupted service was rendered before or after the commencement of this Act.

If you are planning to quit at the end of your ML period, yes you will be eligible for the Gratuity. As far as EL during the ML period is concerned, so long as you are on paid leave during maternity period other benefits too will be available to you and it includes your annual leave.
Thanks and Regards

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™