Gratuity Calculation After a 6-Month Break: Does It Count as 11.5 or Just 9 Years?

If a person has worked at ABC Company for 9 years, taken a 6-month break, then returned to work for an additional 2 years before resigning, will the gratuity duration be calculated as 11 years and 6 months, or only 9 years? Please help clarify.

"Has taken a 6-month break and then rejoins" - What do you mean by this? Did the person resign and then rejoin after 6 months? Or did they go on authorized leave without pay? Or did they remain absent continuously for about 6 months? Can you please explain?

Then the 6 months LOP has to be treated as uninterrupted service as per Sec. 2-A of the Payment of Gratuity Act, 1972. As such, the employee is entitled to the entire 11 years of service, including the 6 months on LOP.

You have stated that you took a 6-month break (not leave); therefore, you cannot claim continuity of employment. No company will allow a 6-month break (other than maternity leave); they will definitely provide you with a fresh appointment. You should check your employee code number after rejoining and also confirm whether you have withdrawn your PF accumulations or not. The only confusing thing is why your company has not paid your gratuity for 9 years.

Always provide full details when posing a query, such as designation, date of joining, salary, etc.

Regards, Suresh