Am I Eligible for Gratuity After Unpaid Leave and a 3-Month Notice Period?

I joined the company on 03.10.19 and was on leave without pay from 21.03.20 to 20.09.20. If I leave the company, will I receive gratuity? I have to serve a 3-month notice period after resignation.

Dear member,

For the sake of gratuity, do not resign. You are eligible for gratuity after completing 5 years of service. If your attendance and the number of salary-paid days are less than 240 days in a year, you will not be eligible for gratuity for that specific year. Please calculate based on this information.

You are eligible for gratuity. Even the period of unauthorized absence is considered as continuous service unless the employer issues an order treating the absence as a break in service, as per the terms of employment or rules governing the service conditions. (Sec 2A of POG Act)

Eligibility for Gratuity

3rd October 2019 to 23rd September 2024 + 3 months NP = Total service = Almost 5 years. (Subject to your absence on LOP (21st March 2020 to 20th June 2020 = 185 days falls short of 240 days as stipulated, as approved leave, if qualified for 'continuous service'). Then, you will be eligible for gratuity. In case the management considers, as per record, by a speaking order communicated to you as 'absence constituting a break-in-service', your eligibility for gratuity and the amount entitled to, if any, will be different.