Maternity act - completed 5yrs of service and out of that she had taken maternity leave

One of our female employee has completed 5yrs of service and out of that she had taken maternity leave as per new G.O. she has given resignation now can i process her gratuity. pls share your views.

Gratuity is payable for continuous service for more than five years and the continuous service includes maternity leave period too. So this period is to be included and the employee is entitled.

The maternity leave availed during the tenure of service is part and parcel. The leave under MB is to be considered as conteneous service not as break of service. The completion of 5 yrs of service by the employee is entitiled for gratuity.

Hi
Under Section 2(c) of the Payment of Gratuity Act “Continues Service” means uninterrupted service and includes service which is interrupted by sickness, accident, leave, lay-off, strike or a lock-out or cessation of work not due to any fault of the employee concerned whether such uninterrupted or interrupted service was rendered. Sundays, weekly holidays and national or festival holidays are to be included in the computation of the period of continuous service under Section 2A of the Act As such in the instant case the employee is entitled for gratuity.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE
Kolkata