Is 4 years 9 months service eligible for gratuity?

After completing 4 years and 9 months including notice period in a six-day work week, am I eligible for gratuity under the 4 years 240 days rule?

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 09 Mar 2026

Dear client, According to the Payment of Gratuity Act, 1972, gratuity is payable after the completion of 5 years of continuous service. However, courts have recognized eligibility if an employee completes 4 years and 240 days in the fifth year (six-day week). Notice period, paid leaves and weekly offs count as continuous service. If you crossed 240 days in the fifth year, then you are probably eligible to claim gratuity. If you have any query please feel free to contact us.

Admin
Advocate By LEAD INDIA Answered: 19 Feb 2026

Under the Payment of Gratuity Act, 1972, gratuity is payable after 5 years of continuous service. However, courts have recognized eligibility if an employee completes 4 years and 240 days in the fifth year (six-day week). Notice period, paid leaves, and weekly offs count as continuous service. If you crossed 240 days in the fifth year, you are likely eligible to claim gratuity. For further legal assistance contact us on our helpline number.

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