How Does Taking a 2-Month Marriage Leave Impact Employee Gratuity? Seeking Advice from HR Peers

Dear Seniors, An employee has been with us for almost 4 years, and now she is requesting marriage leave for over 2 months. As per the official company's leave policy, this poses some difficulties. Could you please advise if her gratuity will be affected if she takes marriage leave for over 2 months and then returns to work? Please advise.

Regards,
Gayathri

She should have 75% attendance every year from the total working days of your company by the end of the 5th year.

Thanks, Suresh, for the reply. I still would like to clarify if she says to resign temporarily and then rejoin after her marriage leave. In this instance, will her gratuity be affected?

No, if she resigns, she will not be eligible. She should be in continuous service with the above condition (75% attendance is a must).

I am summarizing my understanding here. Please correct me if I am wrong.

1. She should have 75% attendance every year and until the end of 5 years to avail eligibility for Gratuity.

2. Secondly, even if she resigns temporarily, she will not be eligible for Gratuity.

Ensure there is a single line break between paragraphs.

She must have 75% attendance (240 working days) every year for 5 years. Secondly, it must be continuous service; if she gives temporary resignation, she will not be able to avail gratuity. However, if she doesn't take leave throughout the year, she can take leaves and avail gratuity after 5 years.

Thanks & regards,

Just to clarify, if she didn't take any leave this year, could we permit the 2-month marriage leave she is requesting? As a company, we are unable to grant this request as it constitutes a long absence from work.

Thank you.

Just to clarify, if she didn't take any leave this year, could we permit the two months of marriage leave she is requesting? As a company, we are unable to grant such a long leave request.

Regards,
Gayathri

If the employee has been granted leave by the company for more than 2 months, whether it is leave with full pay, half-pay leave, or any other type of leave for her marriage, then the employee is eligible to receive Gratuity. However, if the employee has been penalized for her absence resulting in a total tenure of less than 75% attendance over 4 years and/or less than 240 days attendance in the last year (i.e., the 5th year), then the employee is not entitled to Gratuity.

If your company policy does not permit granting a 2-month leave in a single stretch, you can advise her to return for 1 or 2 days after a gap of 1 month and then allow her to take another 1 month of leave. You can also use the day she returns for 1 or 2 days to organize a small office party to celebrate her marriage.

Remember, if you believe in something, everything is possible, but if you don't, then nothing is achievable.

Wishing you all the best.

Hi Suresh, clarifications on your statements, please:

Understanding Gratuity Eligibility

My understanding of your statement is that an employee who does not have 75% attendance every year is not eligible for Gratuity. For instance, if an employee has been with a firm for 7 years, with only 40% attendance in the 3rd year and 75% attendance all other years, is that employee eligible for Gratuity?

Regards,
Simna

Yes, you can if she didn't take leave this year. As far as permission is concerned, it's up to your company's rules whether your company accepts the request or not.

Thanks & regards,

It is a policy matter of the company. Every company will have its own policy on leave to meet some exigencies and personal grounds. One thing we have to understand is that the denial or refusal of leave never disqualifies the employee from receiving statutory benefits.

Thank you.

The grant or denial of leave is absolutely a policy matter of the company and its employer. However, the authorized leave will be considered for the computation of continuation of service. Please also refer to the company's standing orders or terms of appointment dealing with long absences or termination.

Regards