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Q. Eligibility of Graduity

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Anonymous

posted 3 days ago

Q.Eligibility of Graduity
I have worked at a firm for 4 years and 7 months as of Jan 2021. I took maternity leaves from Feb 2019 until Jan 2020 (7 months paid, and 4 via loss of pay). If I resign right now, am I eligible for Gratuity? I am asking as the law says something about continuously working. Will the loss of pay period break the continuity of my tenure at the firm? It's a foreign bank, working on IT projects in India.

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Kishan Dutt Kalaskar Retired Judge

Experience: 35 Year(s)

Responded 2 days ago

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A. ) Dear Madam,
4years 240 days is enough for claiming gratuity.


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Ayantika Mondal @ Prime Legal

Experience: 12 Year(s)

Responded 3 days ago

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A. ) Hi,
As maternity leave is granted to you by law, it will count as part of your employment.
You are not entitled to gratuity as the minimum period for it is 5 years with the same employer.
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Anik

Experience: 11 Year(s)

Responded 3 days ago

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A. ) Hi,
No, you need to have completed at least five full years of employment to be entitled to gratuity. You maternity leave will form part of your employment tenure as it is granted to you as a paid benefit.
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