If an employee is on Maternity Leave during 5 yrs will she be eligible for Gratuity? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
R.N.Khola
Labour Laws & Ir
SunM
Manager Hr

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Hi Experts out there..
Please help me out on, whether or not an employee would be eligible for Gratuity if she was on Maternity Leave during 5yrs of service with the company and right after completion of 5yrs employee has resigned.
Thank you ALL in advance!!!
Regards
Sunil

Dear Suni,
Maternity leave is also like other type of leaves CL, SL, EL etc. & is to be considered for the purposes of continuity of service. In this case this employee is entitled to have gratuity from her employer under the Payment of Gratuity Act, 1972 as she has been in service for continuously for five years.
R N KHOLA

Dear Sunil,
As maternity Leave is also part of her employment, she is eligible for Gratuity.
Regards
E PRADEEP KUMAR

Dear Sunil,
The learned members have given you the correct answer to your query. However, I'd like to insist that you should go through the relevant provisions of the Payment of Gratuity Act,1972 in order to get self clarity that would stay in your mind forever and also inculcate the habit of going through the Laws with which we are concerned as and when it becomes necessary.
Therefore, please go through Section 2-A of the Act in which the term "Continuous Service" is defined for the purpose of the Act. Carefully and critically analyze the part (iv) of the explanation to subsection (2) of Section 2-A. You will understand the legality underlying the logic behind the above exact answers.

She is eligible, sine MB leave is a part of her service.
Thank you ALL, for giving me clarity on the subject, I would also like to acknowledge the efforts/generosity of Shree Umakanthan.M on the importance of learning self development.
Thank you ALL once again.

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