Regarding Gratuity calculationsfds

This query is : Resolved

Rajnish (Querist)
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08 January 2020 Dear Sir/Madam,

I request you to please clear my query regarding gratuity calculation.
As per Payment of Gratuity Act of 1972, if employee having completed 5 and more years of service in a company then applicable for Gratuity
but my question is, in that period employee on sick leave i.e. approx 2 years then he is applocable for Gratuity?
please confirm my said said query.
your co-operation will be highly appreciated.

Regards
Rajnish

A.S.SUNDARARAJAN

A.S.SUNDARARAJAN

(Expert)
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08 January 2020 The employee should be in continuous period of service for 5 years for gratuity eligibility . In the referred case the employee was in sick leave. Please ensure the employer permit employee to take sick leave ( with loss of pay) and that employee is in the roll at the time of sick and his continuous period of service is 5 years , he is eligible for gratuity

Rajnish

Rajnish (Querist)
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08 January 2020 Dear Mr. A.S. Sundararajan,

Thanks for your reply of my query.
he is on muster roll, but he is absence
1st year - 70 days
2nd year - 166 days
3rd year - 130 days
4th year - 58 days
5th Year - 85 days
6th Year - 45 days
Total Days is 554 days
then eligible for Gratuity?
please confirm

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Amol S Joglekar

Amol S Joglekar (Expert)
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23 January 2020 were you on the roll of company during all these years? if yes, then gratuity is required to be paid.

A.S.SUNDARARAJAN

A.S.SUNDARARAJAN

(Expert)
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23 January 2020 If the loss of pay is due to sickness certified by ESI / Government doctors or disability occured due to accident while on duty , the loss of pay will be considered as contionous service. Other wise there will be question of continuous service even though he is roll.