Continuous service for gratuity eligibility

ruby (Querist) 20 January 2014 This query is : Resolved
hi Experts

Please clarify the following:

A woman employee has taken the following leaves in the year 2012:
1. Maternity Leave -84 days(12 weeks)
2. Accrued Leave-37 days
3. Loss of Pay-35 days

the employee is completing 5 years of service in March 2014 and is claiming Gratuity. Is the employee eligible for gratuity?

thanks

ruby

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Kumar Doab (Expert) 20 January 2014
She is eligible even as on today.

Payment of Gratuity Act, 1972

Section: 2A: Continuous service: (1), (2) and (2) (b).................. Explanation: For the purpose of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which :-
(iv)

Rajendra K Goyal (Expert) 20 January 2014
Well advised by the expert Kumar Doab ji, agree to it. She is eligible.

Raj Kumar Makkad (Expert) 22 January 2014
As 5 years term is going to be completed, there is no difficulty to get the gratuity as per law.

prabhakar singh (Expert) 22 January 2014
Right! The employee is eligible for gratuity.Agree with experts.

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