Dear all,
An employee left service after completing 5 years. During his 3rd year of service, he was absent from work for 6 consecutive months due to personal reasons and was not paid a salary for this period. In that case, is the employee eligible for gratuity?
Kindly clear my doubt.
From India, Chennai
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An employee left service after completing 5 years. During his 3rd year of service, he was absent from work for 6 consecutive months due to personal reasons and was not paid a salary for this period. In that case, is the employee eligible for gratuity?
Kindly clear my doubt.
From India, Chennai
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Hi,
Whether that 6 months break-in-service is an approved one or unauthorized absence? There is a provision called sabbatical leave.
As per Section 2A of the Gratuity Act, in the event the employee is absent from duty due to sickness, accident, leave, or absence from duty without leave, he/she would be entitled to the benefit of gratuity unless the employer has passed an order treating such absence without leave as a break in service in accordance with the Standing Orders of Employment applicable to the employee.
From India, Madras
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1153Whether that 6 months break-in-service is an approved one or unauthorized absence? There is a provision called sabbatical leave.
As per Section 2A of the Gratuity Act, in the event the employee is absent from duty due to sickness, accident, leave, or absence from duty without leave, he/she would be entitled to the benefit of gratuity unless the employer has passed an order treating such absence without leave as a break in service in accordance with the Standing Orders of Employment applicable to the employee.
From India, Madras
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On what grounds is the employee on leave for 6 months? Has the same been approved by his/her manager? If yes, then it shall be treated as continuous service and applicable for the payment of Gratuity amount.
From India, Bangalore
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From India, Bangalore
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If a six-month leave period of an employee, due to medical or any other reason, is sanctioned and approved by the employer, then the period of absence from duty by them, even if on loss of pay, can be treated as "in service." However, if the absence from duty is unauthorized, then we can interpret it as a break in service.
From India, Aizawl
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From India, Aizawl
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As per SEC-2A of PG Act - Continuous Service definition, if the employer has not passed any order or issued any letter to the concerned employee stating that the entire period of leave of absence will be considered as unauthorized absence, then it will be considered as continuous service, and the employee will be eligible for Gratuity.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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Hello everyone!
I think we should conduct ourselves professionally, politely, and be helpful in daily life. This will make it easier for people to adjust to us and create mutual understanding. According to karma, everything comes back to us, so whatever we give, we will receive in return.
From India, Bharuch
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I think we should conduct ourselves professionally, politely, and be helpful in daily life. This will make it easier for people to adjust to us and create mutual understanding. According to karma, everything comes back to us, so whatever we give, we will receive in return.
From India, Bharuch
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx