After completing maternity leave am i eligible for gratuity (4 years 130 days tenure)

Kindly clarify my doubt. My joining date is 11.04.2014. It has been over 4 years and 130 days. According to our rules, gratuity is eligible after 4 years and 240 days. I am now going to take maternity leave for 6 months (from Oct 2018 to Mar 2019). After completing the maternity leave, will I be eligible for gratuity since it will be completing 5 years? Can these 6 months of leave days be taken as Earned Leave? Am I eligible for EL?

Eligibility for gratuity arises after 5 continuous years of service, not 4 years and 240 days. 240 days is the minimum number of days required to work in the fifth year to qualify for gratuity. Taking maternity leave will not affect the entitlement to gratuity.

For more information, you can visit [this link](https://www.citehr.com/590932-will-26-weeks-maternity-leave-count-gratuity.html).

Dear ANONYMOUS Member,

It seems you are from Coimbatore, TN. If this is the case, then your claim that you are eligible for Gratuity after 4 years and 240 days is correct as per the judgment of the Madras High Court in Mettur Beardsell Ltd.

By April 2019, you will have completed 5 years of service, ensuring you are in continuous service for the full 5 years. Consequently, there should be no issue regarding your eligibility for Gratuity.

"Continuous service" refers to uninterrupted service, which includes periods interrupted by sickness, accidents, leave, layoff, strikes, lockouts, or cessation of work not due to any fault of the employee concerned, whether such interruptions occurred before or after the commencement of this Act.

Hi,

If you are planning to quit at the end of your ML period, yes, you will be eligible for the Gratuity. As far as EL during the ML period is concerned, so long as you are on paid leave during the maternity period, other benefits will also be available to you, including your annual leave.

Thanks and Regards