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
31st August 2019 From India, Delhi
As maternity Leave is also part of her employment, she is eligible for Gratuity.
E PRADEEP KUMAR
31st August 2019 From India, Bengaluru
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.
1st September 2019 From India, Salem