• Gratuity eligibility

I am working in a private college as professor since June 2008. I am currently pregnant and expecting a baby in November and I have confusion in understanding of the gratuity laws. Please help me to understand if I will be eligible for the gratuity in following scenarios. 

1. My college considers 3 months paid maternity leave. I am planning to resign after 3 months of maternity leave.

2. I am planning to extend my leaves to 9 months more and planning to join the college in November 2024 as I need to take care of my new born. Will that be considered as service break? If Yes would I have to work till 2029 to be eligible for the gratuity? And if Yes it will be counted from 2008?

3. Is there any provision in the gratuity laws which says taking care of new born is not counted in the service break. If Yes till how many months I can get continuity ?
Asked 2 years ago in Labour

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11 Answers

You would be eligible for gratuity as you have worked in college since June 2008 .you are at liberty to resign after maternity leave 

 

2) If "leave without pay" has been duly sanctioned, it entails that the period is concerned as service and there will be no adverse consequences. "Loss of pay" pay signifies unauthorized absence entailing break in service with all its adverse consequences unless the period is got regularised

 

 


 

3) under the provisions of Payment of Gratuity Act, continous service includes all kinds of leave unless by an express order there is break in service. .

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Only those employees who have been employed by the college for five years or more are given the gratuity amount. Therefore you are eligible for gratuity. That will not be considered a service break and you are eligible for gratuity from 2008.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Service break is not counted as it is a paid leave.


A min. Of 5 years is required for being eligible for gratuity. You have completed 15 years.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You would be entitled to gratuity 

 

An employee is eligible for gratuity payment after completing 5 years of continuous service with one employer.

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

1.  If you resign after availing 3 months paid maternity leave, then you are entitled for gratuity for 16 years, if there's no break-in service prior to availing paid maternity leave.

2.  If your further extension of leave for 9 months is duly sanctioned from the competent authority, then it will not be considered as break-in service.

3.  Availing sanctioned leave to take care of the newborn baby will not be counted as service break. If you have sufficient leave at your credit or if you can get sanctioned LWP (Leave Without Pay), you can extend the leave as per the clauses in your offer letter.

4.  In case service break is counted if you resign in 2025, you will be eligible for the gratuity until before the preceding period of your service break started.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
338 Consultations

1. College is providing prescribed maternity leave. 

2. Yes, it would be counted as break. 

3. For counting gratuity period would be counted from 2008. Continuous period of minimum 5 years service is required to be eligible for gratuity. You are eligible for gratuity. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

1. If you have been granted leave  hen the leave period will not be termed as break in service, you will be eligible for gratuity if you have put 5 years of service continuously.

The leave period is not considered as break in service

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You will be eligible for gratuity till the last date of your working with the organisation.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

No maternity leave will not be considered service break if it’s under the standard period prescribed under maternity leave’s regulations 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Dear Client,

  1. The college offers an established maternity leave policy.

  2. Indeed, this would be considered a gap in service.

  3. Gratuity calculation begins from 2008 onwards. To qualify for gratuity, a consistent minimum service of 5 years is necessary. You meet the eligibility criteria for gratuity.

Anik Miu
Advocate, Bangalore
11008 Answers
125 Consultations

Maturity period shall be included in gratuity calculation. 

How can you rejoin once resign. 

3. No provision. 

Your are working in same college since 2008, already entitle to gratuity. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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