Gratuity eligibility - During his 3rd year of service, he was absent from service for 06 consecutive months

Dear all, An employee left service after completing 5 years. During his 3rd year of service, he was absent from service for 06 consecutive months due to personal reasons and was not paid a salary for this period. In that case, whether the employee is eligible for gratuity or not.

Kindly clear my doubt.

Hi

Whether that 6 months break-in-service is approved one or unauthorized absence? There is a provision called sabbatical leave.

As per Section 2A of the Gratuity Act, in the event the employee is absent from the duty due to sickness, accident, leave or absence from duty without leave, he/she would be entitled to the benefit of gratuity unless the employer has passed an order treating such absence without leave as a break in service in accordance with the Standing Orders of Employment applicable to the employee.

On what grounds employee is on leave for 6 months? Was the same been approved by his/her manager? If yes then the same shall be treated as continuous of service & applicable for payment of Gratuity amount

If 6 months' leave period of employee, due to medical or any other reason, if sanctioned and approved by the Employer, then the period of absence from duty by him, even if on loss of pay,
can be treated as "in service". However, if the absence from duty is unauthorised, then, we can interpret as break in service.

As per SEC-2A of PG Act - Continuous Service definition, if the employer has not been passed any order or issued any letter to the concerned employee stating that the entire period of leave of absence will be considered as un-authorized absence - then it will be considered as continuous service and the employee will be eligible for Gratuity.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
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hello everyone!

I think we should conduct professionally, polite and helpful in daily life also. So that it become for people to adjust with us and it create a mutual understanding. As per the karma, everything comes back, so that whatever we give we are going to get return back.