Gratuity eligibilty
meha iyer
(Querist) 13 March 2013
This query is : Resolved
I joined my organisation on 29th march 2008 and the previous year 2012 i took maternity leave on 9th september .The maternity as per company policy is 4+2 months.Now i am not able to continue further as my kid is very small.Plz confirm as on date ,m i eligible to get gratuity and what will be the process.
Kumar Doab
(Expert) 13 March 2013
Mr. Narayanan has given valuable advice. Kindly follow it, and revert. If you have resigned you may mention effective date of resignation/last day in office for date of reference. To calculate the eligibility you need to calculate the period of continuous service from date of reference.
Section: 2A
Continuous service.
(2) (b) Explanation (iv) Maternity leave is counted in period of service.
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness……………..
Then
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than -
(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) one hundred and twenty days, in any other case;
To be eligible for gratuity you need to satisfy the conditions as explained in Payment of Gratuity Act.
In case you employee is eligible for gratuity; employee may submit request for payment of gratuity and submit FormI (under acknowledgment) a month before effective date of his Resignation (retirement) /last day in office. Employer should pay gratuity as described in:
Section: 7
Determination of the amount of gratuity.
It is felt that you should not hurry to give up employment, avoid submitting resignation while on leave, and carefully evaluate all options.
If you wish to resign join duties, and resign later.
The matter relates to striking a balance between employment of the lady and family responsibilities after delivery.
You have posted that:
“The maternity as per company policy is 4+2 months.”
It hints that Maternity leave of 180 days which is applicable to women Employees of State Public Sector Undertakings / Statutory Boards……and for them Maternity Leave has been enhanced to 180 days.
You may obtain the printed version of leave policy of the company, which may be available even at HR page of the employee portal or with concerned HR personnel.
Does your company allow to club maternity leave with any other leave of any kind?
Does it provide Child care leave?
Is there a provision for paid leave, leave on LOP etc..
A woman suffering from illness arising out of pregnancy delivery,…………. in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}
You may avail this one month leave.
In today’s world when majority of the employees are not in joint families, employee also are facing issues.
Companies provide nursing breaks and even crèche.
If Lady is feeling that her body does not allow her to return to work now, and doctor has advised bed rest, and line management and HR are not yielding, the Lady may approach good offices of appointing authority, MD, Company Secretary………and allow to club paid leave with maternity leave, Or she may request to extend the maternity leave even if on LOP, or she may extend the leave with proper bed rest/leave advised by her doctor.
Kuummaar AS
(Expert) 13 March 2013
Eligibility
Any person employed on wages/salary.
At the time of retirement or resignation or on superannuation, an employee should have rendered continuous service of not less than five years,
In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service.
The definition of the term “continuous service” in Section: 2 is as below
Section: 2
Definitions.(b) “completed year of service” means continuous service for one year;
[2] [(c) "continuous service" means continuous service as defined in section 2A;]
Section 2A itself is defined as below
Section: 2A
Continuous service.
For the purposes of this Act, -
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness,
accident, leave, absence from duty without leave….
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
