Dear Priya,
Because of his unauthorised absence , if he falls short of completing 5 years' of continuous service which means during each year of his stint, he should have put in 240 days' of uninterrupted continuous service as defined in the Act , then in principle , he is not eligible for gratuity.
However you need to share his attendance particulars during the entire period of 5 years' service or more if any , to advice you accurately.
Regards,
Vinayak Nagarkar
HR- Consultant.

From India, Mumbai
Termination for absenteeism is not a ground for avoiding / forfeiting gratuity. Once employee completes eligibility and not falling in forfeiture clauses, he is entitled.
From India, Hyderabad
Hi
Termination or resigned is does not matter, If the employee has completed 5 years (4 years 240 days) he/she is eligible for Gratuity (Expect some legal cases which are pending or going on). employer should pay gratuity.

From India, Anantapur
Yes, the employee is eligible for Gratuity subject to conditions stipulated in Payment of Gratuity Act, 1972. He/ She must have completed 5 years of continuous service. Also, for argument sake gratuity can only be wholly or partially forfeited when termination is effected for riotous or disorderly behaviour or moral turpitude cases committed in course of employment, which is not the case here.
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