Can I Claim Gratuity Benefits After Unpaid Maternity Leave and Resignation?

Dear Friends,

I need to know as I am working in a Pvt. Ltd. Co for the last 5.3 years. During my pregnancy period, I have taken 6 months (2014) and 2 months (2015) of leave without pay before and after my delivery. Please let me know if I should claim Gratuity benefits if I am submitting my resignation.

Thanks and regards,
Moutusi Deb

Any leave, with or without pay, authorized by the employer as such, should be taken into account for determining continuous service for the purpose of gratuity.

You are entitled to gratuity for your service for more than 5 years. The leaves you have taken during and post-pregnancy won't lead to the discontinuation of service. Moreover, leave during pregnancy is available under the Maternity Benefits Act.

Send FORM I to your employer within a month of the cessation of service claiming gratuity. Otherwise, you have to file a case in FORM N before the controlling authority.

Good luck.

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