Trupti Pawase 28 January 2025
If any assistant professor completed 5 years and 4 months in the university. During the service period 2 month pre-sanctioned Work from home paid leave taken in continuation of maternity leave then is it necesarry to break the work from home leave? so 1 leave withpout pay will affect on gratuity if the person not able come due to pregnancy complecations.
kavksatyanarayana (subregistrar/supdt.(retired)) 28 January 2025
Payment of Gratuity Act, 1972, any employee of a university is also eligible for gratuity even if he/she completed 5 years of continuous service. An employee shall be said to be in continuous service for a period if he/she has been in uninterrupted service, including the service which may be interrupted on the account of sickness, leave, accident etc. I think there is a judgment that an employee who renders 4 years and 240 days of service is also eligible for gratuity.
T. Kalaiselvan, Advocate (Advocate) 28 January 2025
Very well advised by expert Shri KAVK Satyanarayana Sir.
To add:
Leave Without Pay, being sanctioned leave will be treated as part of 240 days for calculating eligibility for Gratuity.
If those leaves are approved one then those period also should be considered for Gratuity. Hope for the period of leaves without pay you took separate approval from your employer, each period wise. If the employer had officially approved the leaves ( though without salary) then it should be considered for Gratuity calculation.
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