Gratuity - Leave Claim

moutusideb
Dear Friends,
I need to know as I am working in a Pvt. Ltd. Co for last 5.3 yrs.
During my pregnancy period I have taken 6 months (2014) & 2 months (2015) leave without pay before and after my delivery.Pls let me know if I am submitting my resignation Shall I claim for Gratuity benefit or not.
Thanks and regards,
Moutusi Deb
umakanthan53
Any leave with or without pay authorised by the employer as such should be taken into account for determining continuous service for the purpose of gratuity.
riteshmaity
You are entitled to gratuity for your service for more than 5 years. The leaves which you have taken during and post pregnancy won't lead to discontinuation of service. Moreover, leave during pregnancy is available under the Maternity Benefits Act.
Send FORM I to your employer within a month of cessation of service claiming gratuity. Otherwise you have to file a case in FORM N before the controlling authority.
Good luck.
Check my labour law blog at www.labourlawhub.com
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