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?
From India, Thrissur
Acknowledge(0)
Amend(0)
From India, Thrissur
Acknowledge(0)Amend(0)
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.
From India, Madras
Acknowledge(1)
Amend(0)
1015Payment 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.
From India, Madras
Acknowledge(1)Amend(0)
Sir, I didnt go to office after leave. Only went for resignation
From India, Thrissur
Acknowledge(0)Amend(0)
From India, Thrissur
Acknowledge(0)Amend(0)
Sir, I have 4 years and 6 months service in the organisation. Am i eligible for gratuity.
From India, Thrissur
Acknowledge(0)Amend(0)
From India, Thrissur
Acknowledge(0)Amend(0)
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?
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
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
Gratuity-Leave calculation on CTC-Rev..xls
Less than 5 years service - Eligibility for payment of gratuity.pdf