How do I claim my husband's gratuity after his death?
Gratuity is owed by the employer, not the provident fund office, and it is payable on death even if the employee had not completed five years of service — the usual qualifying period is waived. The nominee recorded with the employer claims on Form J; if there was no nomination, the legal heirs claim on Form K. The employer must pay within thirty days of the amount becoming due, with interest if late.
What is owed, and to whom
Under the Payment of Gratuity Act 1972, an employee who dies in service is entitled to gratuity regardless of length of service, calculated at fifteen days' wages for each completed year. It is paid to the nominee named in the employee's gratuity nomination (Form F), which most employers take on joining. Where the nominee is a minor, the amount is deposited with the controlling authority and invested for them until they come of age. With no nomination, it is paid to the legal heirs.
How to claim
The nominee applies to the employer on Form J, or the legal heirs on Form K, within thirty days of the amount becoming due — though a late application is not fatal. Attach the death certificate, the claimant's identity and bank proof, and proof of relationship. The employer must determine the amount and pay within thirty days; if it does not, simple interest runs, and the claimant can apply to the controlling authority under the Act to compel payment.
The other dues from an employer
Leave encashment for unused leave, salary up to the date of death, any bonus due, and reimbursements. These follow the employer's own rules and the employment terms rather than a statute, but they are owed, and an employer settling gratuity should be asked for a full and final settlement covering all of them at the same time.
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Last reviewed 2026-08-31. This is general information, not legal advice. Institution requirements change — confirm before you file.