Understanding Gratuity Payment for Employee on Maternity Leave Resigning Post Return - CiteHR

Hi,

I would like to request information on the case mentioned below. An employee joined us on the 1st of Feb '04. She availed her Maternity Leave from the 15th of Nov '08 until the 15th of Feb '09. She returned on the 20th of Feb '09 and after her closing hours, she informed us that she is resigning, effective on the same day. She had completed 5 years of service with our organization as of the 1st of Feb '09 when she was on her maternity leave.

Could you please advise on how to consider Gratuity payment for this employee? Is it mandatory for us to pay her Gratuity, or are there any rules or case laws pertaining to this scenario?

Regards,
Swarna K

From India, Bangalore
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dear mr govind has given the concerned portion from act and she will be entitle for gratuity. tks js malik
From India, Delhi
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