I'm working for an Organisation for the past 4 years and this is my 5th year. I am into my family way and Expected due date is december month. Now in my organisation if I apply for ML, my PF a/c will be closed and when I rejoin back after my maternity leave i have to work without PF. In this case, what happens to gratuity and if i have signed bond, will it be in continuance, even if the organisation closes my PF a/c
From India, Coimbatore
From India, Coimbatore
Hi
As you are working there from 4 years you are entitled for maternity leave.
The Maternity leave is a leave your PF will not effected after joining the same PF No will be continued. Gratuity is also counted in Maternity leave.
Regards
Karthik
From India, Vijayawada
80As you are working there from 4 years you are entitled for maternity leave.
The Maternity leave is a leave your PF will not effected after joining the same PF No will be continued. Gratuity is also counted in Maternity leave.
Regards
Karthik
From India, Vijayawada
Hi Maternity lease also part of service hence, it will not have any effect on Gratuity, unless it is break-in-service. BrainLight HR Solutions
From India, Mumbai
From India, Mumbai
The period of maternity leave cannot be treated as break-in-service but part of continuous servcie and hence shall count both for P.F and Gartuity. B.Saikumar HR & Labour Law advsior Mumbai
From India, Mumbai
From India, Mumbai
How can your company create a rule which is totally against the labour laws. If you are going for ML nothing will happen to your PF and the ML cannot be considered to be break in service. Even if there is a break in your service and when you rejoin you company again your company cannot close your PF account. It is against law and justice.
More over your gratuity will not be effected. Even if you have signed a bond and in that bond if there is a clause that your PF account is closed, then also it will not effect your PF. Because a bond cannot override a statuary law.
From India, Kochi
More over your gratuity will not be effected. Even if you have signed a bond and in that bond if there is a clause that your PF account is closed, then also it will not effect your PF. Because a bond cannot override a statuary law.
From India, Kochi
Why will they close your pf account ? Check with your hr department again. Either someone has miscommunicated, or they are working against the rules.
From India, Mumbai
From India, Mumbai
Hi,
Every organisation has a set of rule for availing leave. Just find out from your organisation, if one goes on ML, how much ML she is entitled. In organisation, ML period ranges from 3 months to 6 months for one delivery. Ideally, ML is given to an employee for two children only.The ML period is to be treated as paid leave and during ML period, PF recovery will continue as usual. Since question of break of service will not be there, your period of gratuity will continue as usual.
From India, Mumbai
Every organisation has a set of rule for availing leave. Just find out from your organisation, if one goes on ML, how much ML she is entitled. In organisation, ML period ranges from 3 months to 6 months for one delivery. Ideally, ML is given to an employee for two children only.The ML period is to be treated as paid leave and during ML period, PF recovery will continue as usual. Since question of break of service will not be there, your period of gratuity will continue as usual.
From India, Mumbai
Hi
I agree with the views expressed by the members.
Under Maternity Act , you are entitled for leave, this part of the period is considered as continuous service , hence your are eligible for PF, Bonus, gratuity under the act if you have completed 5 years during maternity leave.
During this period, employer cannot terminate or take any discplienary acation or reject leave to any employee.
you need to apply maternityleave in writing before expected date of delivery and report soon after completion of 84 days leave. then you can seek extension if needed.
From India, Hyderabad
I agree with the views expressed by the members.
Under Maternity Act , you are entitled for leave, this part of the period is considered as continuous service , hence your are eligible for PF, Bonus, gratuity under the act if you have completed 5 years during maternity leave.
During this period, employer cannot terminate or take any discplienary acation or reject leave to any employee.
you need to apply maternityleave in writing before expected date of delivery and report soon after completion of 84 days leave. then you can seek extension if needed.
From India, Hyderabad
Are you resigning from your duties or demanding ML? If ML is allowed, your employment is deemed to continue which is why they cannot close your PF account.
In this case, it seems your company is considering this as a part of discontinuance (Does your company allow ML? Pl clarify) - in that case gratuity is not payable as you've not completed 5 years.
At the first place, go through your bond agreement. There must be a clause related to continuance of service.
If ML is allowed - your PF, Gratuity and Bond remains continued. None of the mentioned can be closed / abundant.
If ML is not allowed (in few private companies they do so) - Neither Gratuity is payable nor the bond can be assumed in continuation.
From India, Ahmedabad
In this case, it seems your company is considering this as a part of discontinuance (Does your company allow ML? Pl clarify) - in that case gratuity is not payable as you've not completed 5 years.
At the first place, go through your bond agreement. There must be a clause related to continuance of service.
If ML is allowed - your PF, Gratuity and Bond remains continued. None of the mentioned can be closed / abundant.
If ML is not allowed (in few private companies they do so) - Neither Gratuity is payable nor the bond can be assumed in continuation.
From India, Ahmedabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf