I have worked for 5 years and 13 days with a company. In my fifth year I was on maternity leave for 6 months. I asked my company for extension for another 6 months where they can put me on LWP. They denied. So I chose to resign as I could not arrange any help for my newborn. Am I eligible for gratuity?
From India, undefined
From India, undefined
you should have given your Date of Joining & Date of leaving for answering your query.But, based on your statement that your service is more than 5 years you are eligible for Gratuity.You have to submit your Claim for Gratuity
From India, New Delhi
610From India, New Delhi
Maternity leave is paid hence you are considered to be in sevice during that period. If you have completed more than 5 years of service including maternity leave and if your company engages more that 10 employees, then you are entitled to receive gratuity.
From India, Mumbai
From India, Mumbai
The position is clarified in the Payment of Gratuity Act 1972. As per Section 2A (2) defining 'continuous service' for the Act, the relevant portion reads as under .... (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave dose not exceed twelve weeks.]. So the provision as it stands is for computing only 12 weeks even though the Maternity Benefit Act provides for 26 weeks of maternity leave. So in your case it needs to be calculated as to whether you are completing 240 days of service in the 5th year of your service with 12 weeks maternity leave and 14 weeks paid leave, as leave of all kind is to be reckoned. As far as I could verify the Sub-section IV has not been amended to make it 26 weeks. KK!HR
From India, Mumbai
From India, Mumbai
Dear Pammi, have you submitted your Gratuity Claim in writing to your Employer? consequent to relieving from the Service of Company? Employer is denying Gratuity orally or in writing?
If your Employer rejects your Gratuity Claim, approach jurisdictional Assistant Labour Commissioner/Controlling Authority with all relevant details/Documents.Still you have not furnished details of Date of Joining, Date of leaving as per Company records?
From India, New Delhi
If your Employer rejects your Gratuity Claim, approach jurisdictional Assistant Labour Commissioner/Controlling Authority with all relevant details/Documents.Still you have not furnished details of Date of Joining, Date of leaving as per Company records?
From India, New Delhi
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Draft Notification dt 6-10-2016 for enhancement of Maternity Benefit to 26 weeks under ESI Act.pdf