Leave encashment is the cash payment an employee receives for unused earned leave, typically at the end of employment via full and final settlement but sometimes during employment as a periodic payout. The leave encashment formula is straightforward: (Basic + DA) / 30 x Unused Earned Leave Days. The headline change in recent years was the dramatic increase in the tax-exempt ceiling for non-government employees — from ₹3 lakh to ₹25 lakh — operationalised by CBDT Notification 31/2023 dated 24 May 2023, with effect from 1 April 2023.
Leave encashment converts an employee’s unused earned leave (also called privilege leave or annual leave) into a cash equivalent based on the per-day value of basic salary plus dearness allowance. Only earned leave is encashable — casual leave and sick leave typically lapse if unused, although policies vary by company and state.
The standard formula:
Leave Encashment = (Basic + DA) / 30 x Number of Unused Earned Leave Days
The divisor of 30 represents calendar days in a month. The formula computes a per-day wage and multiplies by the number of unused leave days being converted to cash. Some employers use 26 (working days) instead of 30 in their internal policy — but the Income Tax exemption calculation under Section 10(10AA)(ii) uses the 30-day per-day rate based on the legally accepted convention.
Example 1: Encashment During Employment
An employee with basic + DA of ₹60,000 per month encashes 8 unused earned leave days during the year:
| Parameter | Value |
|---|
| Basic + DA | ₹60,000 |
| Per-day rate | 60,000 / 30 = ₹2,000 |
| Days encashed | 8 |
| Encashment Amount | ₹16,000 |
| Tax treatment | Fully taxable at slab rate |
Example 2: Senior Employee at Retirement with High Accumulation
An employee retiring with basic + DA of ₹2,00,000 per month, 30 years of service, and 300 accumulated unused leave days (capped under company policy):
| Parameter | Value |
|---|
| Per-day rate | 2,00,000 / 30 = ₹6,667 |
| Gross encashment (300 days) | ₹6,667 x 300 = ₹20,00,000 |
Section 10(10AA)(ii) exemption — least of the four:
| Calculation | Amount (₹) |
|---|
| (a) Actual encashment | 20,00,000 |
| (b) 10 months average salary | 20,00,000 |
| (c) Cash equivalent — 30 days x 30 years cap = 900 days, but only 300 unused so 300 days x ₹6,667 | 20,00,000 |
| (d) Statutory limit (post-2023) | 25,00,000 |
| Exempt amount (lowest) | 20,00,000 |
| Taxable amount | 0 |
In this scenario, the entire ₹20 lakh is exempt because it falls below the ₹25 lakh ceiling. Pre-2023, when the ceiling was ₹3 lakh, ₹17 lakh of the same encashment would have been taxable — a striking illustration of the impact of the May 2023 notification.
Tax Treatment Under Section 10(10AA)
The exemption rules differ by employee category:
- Government employees: Fully exempt under Section 10(10AA)(i). No ceiling, no formula.
- Non-government employees (private sector, PSUs, banks, autonomous bodies): Exemption under Section 10(10AA)(ii) is the least of the four amounts described in the worked example above, capped at ₹25 lakh from 1 April 2023.
- Encashment during employment: Fully taxable for everyone except certain government categories. Section 10(10AA) applies only to encashment on retirement, resignation, or termination.
- On death: Leave encashment paid to legal heirs of an employee who died in service is fully exempt from tax in the hands of the recipient under Section 10(10AA).
The exemption applies under both the old and the new tax regime — it is one of the few salary-related exemptions that survived the Section 115BAC concessional regime.
Statutory Ceiling: CBDT Notification 31/2023
The ₹25 lakh limit was operationalised by CBDT Notification No. 31/2023, F.No. 200/3/2023-ITA-I dated 24 May 2023, issued under Section 10(10AA)(ii) of the Income Tax Act 1961. The notification:
- Raised the cap from ₹3,00,000 to ₹25,00,000
- Took effect retrospectively from 1 April 2023 for retirements/resignations on or after that date
- Confirmed that the ₹25 lakh limit is a lifetime aggregate across multiple employers
- Specified that exemption already claimed in any earlier year reduces the available headroom
The earlier ₹3 lakh ceiling had been notified on 31 May 2002 and had remained unchanged for 21 years, making the 2023 increase one of the largest single-step revisions to a salary tax exemption in recent memory. The increase had been announced in the 2023 Union Budget speech and was awaited by HR and payroll teams managing senior exits.
Common Employer Mistakes
- Applying the old ₹3 lakh ceiling. Legacy payroll systems not updated post-May 2023 over-deduct TDS on encashment for exits after 1 April 2023.
- Treating in-service encashment as exempt. Section 10(10AA) applies only to encashment at cessation; mid-career encashment is fully taxable.
- Using a 26-day divisor for the exemption calc. Internal policy may use 26 working days, but the Section 10(10AA) calculation follows the 30-day convention.
- Skipping the 30-days-per-year leave cap. Item (c) of the four-fold test caps eligible leave at 30 days per completed year of service.
- Not asking about prior employer exemptions. The ₹25 lakh ceiling is lifetime; new employers must reduce available headroom by amounts already exempted.
How Omnivoo Handles Leave Encashment
Omnivoo tracks earned leave accrual and usage in real time for every employee, with state-specific entitlements and accumulation caps applied automatically. At the time of exit, the platform computes the cash equivalent at the formula rate, runs the four-fold Section 10(10AA)(ii) least-of-four test (including the post-2023 ₹25 lakh ceiling), and includes the net taxable and exempt portions in the full and final settlement statement. New joiners are asked to declare any historical leave encashment exemption availed, so that the lifetime ceiling is enforced correctly when they next exit. Employers see a consolidated leave-liability report showing total outstanding encashment exposure across the workforce at any point in time.