Gratuity During Maternity Leave

SwarnaK
Hi, Request an information on the case mentioned below. An employee joined us on 1st of Feb'04. She availed her Maternity Leave from 15th of Nov'08 till 15th of Feb'09. She came back on 20th of Feb'09 & after her closing hours & informed that she is Resigning effective 20th Feb'09. She has completed 5 years of service with our organisation as on 1st Feb'09 when she was on her maternity leave. Kindly advice as how to consider Gratuity payment for this employee. Is it a must that we have to pay her the Gratuity or is there any rule or case law pertaining to this scenario. Regards, Swarna K
malikjs
dear mr govind has given the concerned portion from act and she will be entitle for gratuity. tks js malik
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