Can I Claim Gratuity for My Entire Employment Period Despite a Medical Leave?

Sir, I joined a company in 2010 and took leave in 2018 due to medical reasons. However, I resigned in 2022. Can I receive gratuity for the period from 2010 to 2022, or only from 2010 to 2018?

Hi, You had availed leave in 2018 due to medical reasons. But when did you submit your resignation? Was it after resuming back to work or while on long leave itself without going to the office again?

Payment of Gratuity Act 1984 Amendment
As per the 1984 Amendment to the Payment of Gratuity Act, interrupted service due to sickness, accident, leave, or any other kind of cessation of work, not due to a fault of the employee, would still count as a part of the employee's 'continuous service'.

As long as you availed the leave with the consent of the employer and resumed back to work after the period of leave, such absence from work should also be considered for the purpose of calculating Gratuity.

The duration of your employment with the company after the sickness leave will determine your Gratuity eligibility.

Sir, I didn't go to the office after taking leave. I only went to submit my resignation.

Sir, I have 4 years and 6 months of service in the organization. Am I eligible for gratuity?

For gratuity, continuous five years of service are required (240 days per year). Please let me know if you need further clarification or assistance.

Hi Vimithavimitha, No, you are not eligible for gratuity. This is a response to your query regarding eligibility for gratuity for 4.6 years of service. In the initial post, you had claimed a long period of service with a long break in the final year. So, which is true?