Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
Gannahope
Deputy Commissioner Of Labour..a.p.
Aks17
Compliance Manager
R.RAJASEKAR
Legal Consultant
1sandhya
Social Worker

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Sir, My querry is on Payment of gratuity act. can we concider the period of break that the employee got physical illness (heart attack) on the course of service (at the wotk place). An employee admitted at hospital Due to Heart attack from workplace (at the time of rubber tapping) it caused long absent for 9 months. He availed benefits like reimbursement of medical bills. Can this period of break consider as break in service?
From India, Pathanamthitta
Certainly such a break in service due to sickness of the employee culminating in an employment accident has to be treated as uninterrupted service as per sec.2-A(1) of the PGA,1972 for the purpose of gratuity under the Act.
From India, Salem
Hi
So long as the employee continues to be on the payroll of the company there should not be an issue in the payment of gratuity as pointed by the learned senior member. It should not be treated as 'break' in service but has to be on 'continuous' period of work.
Sec 2 a explains what should be treated as continuous service even when there is a sickness, accident etc.
Thanks and Regards

From India, Hyderabad
As our learned member, Mr. Umakanthan rightly pointed, break-in service due to his major illness, should not be construed as "interrupted service".

I am also reproducing below the text of Sec 2(a) point no.1 to substantiate this:

A. Continuous service.—For the purposes of this Act,—

(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order 11 [***] treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;

From India, Aizawl
Sir

Gratuity is a thanksgiving deed usually done by any employer towards his employee for the services executed by the employee towards the management.

So it is a courtesy giving thing. So don't go scrupulously.

Even though his heartproblems he discharged his duties untill hospitalisation.

So with regards pay as usual gratuity amount as per regular service without cutting 09months of his hospitalisation.

Medical reimbursement could not effect his gratuity. It's no way concern.

Be have liberal outlook towards all your employees.

Many case laws also supporting payment of full Gratuity without deductions of medical reimbursements.

Pls go-ahead all the best.

In our observations recent times Auditors are frequently involving in the welfare laws and payments deductions to company employees. HRs are unable to convince the Auditors.

Some of the Auditors .For meharbani sake introducing

Critical formulas in working hours dailywages payments and cutting holiday benefits...etc..

Too much involvement of Auditors in welfare issues of Employees can only lead to unrest and disgust among employees...

From India, Nellore
Your question is confusing. I believe that he has resigned from the services after 9 months of period. If so, when did you accept his resignation. He has been affected in the work place. Moreover he has claimed all the medical bills (It seems that he is out of ESI Scheme). Hence, these period cannot be treated as break in service.

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