Gratuity After Maternity Leave: Can I Claim It After Resigning from My IT Job?

binduks
Hello,

I have completed my eight years in a Pvt Ltd IT company. After five years, I took a one-year maternity leave and then rejoined. Am I eligible for gratuity? Now I have resigned. Can I claim gratuity?
kumaracme
You are eligible for gratuity for 8 years as your maternity leave has to be considered a period of service in your reckoning of your eligible years of service.
nathrao
As learned member Kumaracme has mentioned, you are entitled to gratuity for having put in more than 5 years of service at the time you leave the employment of this firm.

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binduks
Hello,

Thank you for the fast reply. My basic pay is 16200 for 1 year, and I will quit in July. How much gratuity will I receive? I have 8 years of service, during which I took a 1-year maternity leave after 5.5 years, making my total experience 7 years. Could you please advise on the amount of gratuity I am eligible for and the process to claim it?

Thank you.
binduks
My basic pay is $16,200 for 1 year, and I will quit this July. How much will I receive as gratuity? I have 8 years of service, during which I took a 1-year maternity leave after 5.5 years. Considering my total experience of 7 years, how much gratuity can I expect, and what is the process to claim it?
abbasiti
Dear Binduks,

If the service is 7 years and the salary is 16200, then the gratuity would be calculated as follows: 16200 x 7 x 15/26 = 65,423.

Abbas.P.S
S B Pandey
Gratuity formula is Basic x 15 x number of years / 26 days. Accordingly, you are entitled to gratuity provided this clause is clearly mentioned in your appointment letter.
abhay_011
Dear Friend,

Maternity Benefit leave is not for 1 year under the Maternity Benefit Act 1961. Now, let's discuss Gratuity. You are eligible for Gratuity for the first 5 years. However, for the remaining 3 years, you are not eligible.

There is one contradiction to consider; if your new appointment letter mentions the date of inception of your employment in the current organization.

Best regards,

rrajasekaran
What ABBASITI said is correct, provided you have continuous service of 8 years without any break, including your authorized maternity leave.
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