Am I Eligible for Gratuity After Maternity Leave and Unpaid Days? Seeking Clarification

Dear Seniors, I have been working in infrastructure since 21/08/2006 and have recently resigned from the company. My last working day is 30/04/2011. I have availed maternity benefits twice. In the first instance, I extended my maternity leave by one month, resulting in a loss of pay for 11.5 days after adjusting leaves. During the second instance, I was on a loss of pay for 30 days, equivalent to one month.

As I have completed 4 years and 8 months of service, I would like to inquire about my eligibility for gratuity. Are losses of pay considered when calculating service for the payment of gratuity?

Please provide clarification on this matter.

Thanks and Regards, Vijaya

Dear Vijaya, please find the attachment. This may help you to clear your doubt.

Dear Mr. Bhagwan,

Thank you for your reply. However, my ex-employer is saying that they need not pay gratuity just based on this judgment because it is only given based on a particular case, and moreover, it is nowhere mentioned in the Act. They are rejecting the payment.

Please guide me in this regard.

Thanks & Regards,
Vijaya

Loss of pay days will have a bearing on your gratuity calculation and eligibility as per the Gratuity Act. Judgment cannot be shown as conclusive, as it is related to a particular case.

Regards,

Dear Ms. Vijaya, If you provide the actual number of days worked, the number of days you were on leave with wages, and the number of days you were on leave without pay for each year starting from the date of your joining, I may be able to assist you in assessing your eligibility for gratuity.