Dear all,
An employee left service after completing 5 years. During his 3rd year of service, he was absent from work for 6 consecutive months due to personal reasons and was not paid a salary for this period. In that case, is the employee eligible for gratuity?
Kindly clear my doubt.
From India, Chennai
Acknowledge(0)
Amend(0)
An employee left service after completing 5 years. During his 3rd year of service, he was absent from work for 6 consecutive months due to personal reasons and was not paid a salary for this period. In that case, is the employee eligible for gratuity?
Kindly clear my doubt.
From India, Chennai
Acknowledge(0)Amend(0)
Hi, Whether that 6-month break in service is an approved one or an 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 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.
From India, Madras
Acknowledge(2)
Amend(0)
1015As per Section 2A of the Gratuity Act, in the event the employee is absent from 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.
From India, Madras
Acknowledge(2)Amend(0)
On what grounds is the employee on leave for 6 months? Has this been approved by his/her manager? If yes, then it shall be treated as continuous service and applicable for the payment of the gratuity amount.
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
If a six-month leave period of an employee, due to medical or any other reason, is sanctioned and approved by the employer, then the period of absence from duty by them, even if on loss of pay, can be treated as "in service." However, if the absence from duty is unauthorized, then we can interpret it as a break in service.
From India, Aizawl
Acknowledge(0)Amend(0)
From India, Aizawl
Acknowledge(0)Amend(0)
Continuous Service and Gratuity Eligibility
As per SEC-2A of the PG Act - Continuous Service definition, if the employer has not passed any order or issued any letter to the concerned employee stating that the entire period of leave of absence will be considered as unauthorized absence, then it will be considered as continuous service, and the employee will be eligible for Gratuity.
Regards, S K Bandyopadhyay
CEO-USD HR Solutions
[Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
Acknowledge(0)Amend(0)
As per SEC-2A of the PG Act - Continuous Service definition, if the employer has not passed any order or issued any letter to the concerned employee stating that the entire period of leave of absence will be considered as unauthorized absence, then it will be considered as continuous service, and the employee will be eligible for Gratuity.
Regards, S K Bandyopadhyay
CEO-USD HR Solutions
[Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf
Gratuity-Leave calculation on CTC-Rev..xls