4 yrs & 8 months after which on medical leave - Eligible for gratuity payment?

My wife has worked for a pvt ltd company for 4 yrs & 8 months after which she has been on medical leave (actually maternity, first trimester due to some complications) if she resigns now, will she be eligible for gratuity payment & how much will she receive..considering she finishes 5 yrs on 1st jan 2010.

Your wife being completed 4 years and 8 months, is eligible for gratuity payments. If she is availing the maternity leave of 6 weeks as per law that leave is also a part of her service.
If she resigns after 5 years as you said, the gratuity will be :
1. last drawn Basic Plus D.A / 26 days = 1 day wage / salary
2. per year gratuity = 15 days X 1 day wage / salary
3. Total service i.e. in your case 5 Years X per year gratuity.
For Ex: Basic + DA = 100
per day wage = 100 / 26 days = 3.85 per day wage
Gratuity per year = 15 days X 3.85 = 57.75
Gratuity for 5 years = 5 X 57.75 =288.75
Mohan Rao
Manager HR

thankyou for your reply.
does the maternity leave also apply in the first trimester of pregnancy,or is it only applicable for 3weeks before & after delivery.in this case can she avail medical & maternity leave both for a period of 4 months & are these leaves paid?!!
The gratuity will be paid automatically in her f&f settlement or she will have to ask for it?!
she has recvd salary so far for 2 months & has been on leave w/out pay since.
Thanks - Sandeep

Hi
Maternity leave is applicable only 6 weeks before and 6 weeks after delivery of child
For benefit of gratuity she got to apply in a separate form prescribed to the employer after resignation and having 5 years of continues services with the said employer. Or having 4 years and 240 days of service.
If is she is miscarried , fall ill after delivery than another 1 month of leave is a paid leave and there after any leave is leave with out pay.
Mohan Rao
Manager HR

Dear Mr. Mohan Rao,
In our company, maternity leave is applicable 12 weeks. will it change from company to company?
Can you please tell me about Gratuity, to whom it is applicable, is it applicable in each and every company. ..... when an employee falls under this.....
Awaiting your quick reply....
Regards,
Kalpana
Hyderabad

Hi Annukalpana
There was a typical error in figures is. 6 months before and 6 weeks after delivery, now corrected, This leave applies to all the organisations and establishments.
Gratuity is applicable to all the employees of any organisation / establishments when a employee covers a services of 5 years and more. Gratuity is paid @ 15 days salary / wage per year of service. To arrive at 15 days wage or Salary , the last paid Basic + DA is to be divided by 26 days for arriving at 1 (one ) day wage / salary and then it has to be multiplied by 15 days to arrive at per year of Gratuity amount. Hope you are clear.
Mohan Rao
Manager HR

Dear Mr.Malhotra,
Gratuity Payable=15\26*last drawn wages*no.of yrs of service
last drawn wages=basic+DA
no. of yrs of service=5 or more yrs
For example your Basic+DA=5000(at the time you resign),and you hav 7 yrs of continuous service,then the gratuity payable to you will be:
15/26*5000*7=20192
Maximum Ceiling For Gratuity is 350000
i hope you got the calculations
Warm regards,
Divya

Hi
My company does not have D.A. instead they are paying Spl. allowance. Can any body suggest me is Spl. allowance included while calcuating gratuity. I will be pleased if some notification or PF commissioner's or court verdict may be attached as support.

Thanks Mr Rao,
also if u could clarify..is the one month period of notice considered as part of service( to calculate 5 yrs) or should notice of 1 month be served after giving the resignation papers.
Just to reinstate maternity is applicabe 6 months before & 6 weeks after delivery?!

Mr. Sandesingh
1. One month notice period is also calculated in total service
2. 1 month notice period the employee had to work for taking into consideration in total
service.
3. 1 month notice to be submitted along with the resignation.
4. The maternity leave with wages as per MB Act is 6 weeks before and 6 weeks after
delivery,
5. If there is any miscarriage or illness then 1 month of leave with wages can be availed
with the support of the doctor's certificate.
Hope you are clear.
Mohan Rao
Manager HR