Maternity Leave and Gratuity: Should Her Leave Count Towards Continuous Service?

Dear Fraternity Members,

One of our female employees has been on maternity leave for the past 8 months and is now unable to continue her employment. Is she eligible for gratuity? If yes, should the maternity period be counted as continuous service?

P.S: Period of Employment: 7.6 years if her maternity is considered, and 6.10 years if maternity leave is not considered.

Regards,
Ruchi Shah

Dear Ruchi,

Yes, the maternity leave period is counted as continuous service and is considered for gratuity calculation.

Regards,
Rahul

Dear Member,

You can have a shortfall in the notice period as per the terms of appointment or waive the notice period regarding resignation. Service for gratuity will be provided until the completion of ML.

Thank you.