Will 26 weeks of maternity leave count for gratuity - In my fifth year I was on maternity leave

I have worked for 5 years and 13 days with a company. In my fifth year I was on maternity leave for 6 months. I asked my company for extension for another 6 months where they can put me on LWP. They denied. So I chose to resign as I could not arrange any help for my newborn. Am I eligible for gratuity?

you should have given your Date of Joining & Date of leaving for answering your query.But, based on your statement that your service is more than 5 years you are eligible for Gratuity.You have to submit your Claim for Gratuity

Maternity leave is paid hence you are considered to be in sevice during that period. If you have completed more than 5 years of service including maternity leave and if your company engages more that 10 employees, then you are entitled to receive gratuity.

The position is clarified in the Payment of Gratuity Act 1972. As per Section 2A (2) defining 'continuous service' for the Act, the relevant portion reads as under .... (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave dose not exceed twelve weeks.]. So the provision as it stands is for computing only 12 weeks even though the Maternity Benefit Act provides for 26 weeks of maternity leave. So in your case it needs to be calculated as to whether you are completing 240 days of service in the 5th year of your service with 12 weeks maternity leave and 14 weeks paid leave, as leave of all kind is to be reckoned. As far as I could verify the Sub-section IV has not been amended to make it 26 weeks. KK!HR

My DOB :21 Aug2012 and took ML on 18 Feb2017 till 18 Aug2017 after that 13 days PL and one day work on office then I was resign on 3rd Sept2017 . Am I eligible for gratuity?

Yes, you have completed the min. eligibility period of five years 'Continuous Service' under the Payment of Gratuity Act 1972 and is eligible for payment of gratuity. KK!Hr

But my employer is denying gratuity saying that any paid leave does not count for the calculation of gratuity. Does any company have the right to do so? Where can I find the policy which states so as I need to produce it in my support.

Dear Pammi, have you submitted your Gratuity Claim in writing to your Employer? consequent to relieving from the Service of Company? Employer is denying Gratuity orally or in writing?
If your Employer rejects your Gratuity Claim, approach jurisdictional Assistant Labour Commissioner/Controlling Authority with all relevant details/Documents.Still you have not furnished details of Date of Joining, Date of leaving as per Company records?

Dear Srinath ,
My DOJ :21 Aug2012 and took ML on 18 Feb2017 till 18 Aug2017 after that 13 days PL and one day work on office then I was resign on 3rd Sept2017.

During maternity leave period 26 week whether i will get any Earned leave / Privileged leave ??