Dear Friends,

I need to know as I am working in a Pvt. Ltd. Co for the last 5.3 years. During my pregnancy period, I have taken 6 months (2014) and 2 months (2015) of leave without pay before and after my delivery. Please let me know if I should claim Gratuity benefits if I am submitting my resignation.

Thanks and regards,
Moutusi Deb

From India, Calcutta
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Any leave with or without pay authorised by the employer as such should be taken into account for determining continuous service for the purpose of gratuity.
From India, Salem
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You are entitled to gratuity for your service for more than 5 years. The leaves you have taken during and post-pregnancy won't lead to the discontinuation of service. Moreover, leave during pregnancy is available under the Maternity Benefits Act.

Send FORM I to your employer within a month of the cessation of service claiming gratuity. Otherwise, you have to file a case in FORM N before the controlling authority.

Good luck.

Check my labor law blog at www.labourlawhub.com

From India, Kolkata
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