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Section 10(10AA) of the Income Tax Act provides tax exemption on leave encashment received by employees for unused earned leave. The tax treatment depends on whether the employee is a government or non-government employee and whether the amount is received during service or at retirement/resignation. This guide explains leave encashment rules, eligibility, exemption limits under Section 10(10AA), and how leave encashment is taxed in India.
You can refer to the complete section mapping of Income Tax Act 1961 vs Income Tax Act 2025 here.
Leave encashment is the amount paid by an employer for earned leave that an employee has not used. In simple terms, employees can convert their unused leave balance into cash, subject to the employer's leave policy.
Leave encashment may be received during employment, at the time of resignation, retirement, or termination of service. Some employers allow employees to carry forward unused leave to future years, while others permit encashment of accumulated leave periodically.
Under Section 10(10AA) of the Income Tax Act, leave encashment received at the time of retirement or resignation may qualify for tax exemption, subject to prescribed conditions and limits. The tax treatment differs for government and non-government employees.
Given below are the types of leaves that an employee might get. The leaves provided are categorized as paid and unpaid leaves.
| Types of Leaves | Description |
|---|---|
| 1. Casual Leave | This type of leave is most commonly availed by the employee. This leave can be available for 7-10 days. However, it depends on the guidelines provided by the employer for each organization may vary. It will be considered for leave encashment if it is allowed to be carried forward as per the company’s policy. |
| 2. Privilege Leave | The employee can get this leave by providing prior information about the leave to the employer. The leave is paid and is sanctioned by the employer. If the employee does not avail of this leave, they can accumulate and encash them later. However, each organization has its own set of regulations regarding privileged leave and its encashment. |
| 3. Medical Leave | Employees take this leave if they are sick and cannot work in normal conditions. They have to inform the employer to avail leave. The number of medical leaves granted to the employee depends on each organization; such leaves are paid. As this leave is a kind of emergency leave, no prior information is mandatory before the leave from the employee to the employer. At the same time, the employee has to provide a valid medical certificate to the employer if they have taken it for a longer period of time. |
| 4. Maternity Leave | It is provided to pregnant female employees during their employment period. The leave is paid from 12 weeks up to 26 weeks of pregnancy. Deductions are not made from the leave salary account during the leave period. This cannot be considered for leave encashment calculation. |
| 5. Quarantine Leave | If there is an outbreak of any infectious disease in the family or the neighbourhood of any employee, the employee can avail of quarantine leave. Granting this leave can prevent other employees from getting infected by the disease. This cannot be considered for leave encashment. |
| 6. Sabbatical Leave | This leave is granted to employees willing to expand their knowledge by adopting various relevant institutional courses. They can adopt any specialized training or workshop relevant to their working field and can also take university admissions for long-term courses. These leaves are paid for a period of time as decided by the organization. This cannot be considered for leave encashment at the time of leave encashment calculation. |
| 7. Paternity Leave | This leave is especially available for employees who become fathers. The parent employee can be granted 15 days of leave before or after the birth of a child. The leave can also be availed up to 6 months from the child’s birth. This cannot be considered for leave encashment calculation. |
| 8. Holidays | Holiday leaves are paid leaves, and there is no deduction from the salary account of the employees. Holidays include national holidays, festivals, and weekly off. Employees working in all sectors enjoy these holiday leaves. These are considered for leave encashment. |
| 9. Half-pay Leave | This leave can be availed only by employees working in government organizations at the time of leave encashment calculation. Once employees complete their one year in the organization, they can avail of half-pay leaves as and when required. In this leave, the employee receives a half day's salary during their leave period. The inclusion of these during leave encashment depends upon the government. organization |
Whether the leave encashment received by employees is taxable or not depends on when it is received. Leave encashment can be received in the following situations -
Any employee demanding leave encashment for their unused paid leave during their employment period is taxable as it is considered income from salary. In this case, the employee can get tax relief under Section 89. As per Section 89, the employee can claim tax relief from the amount received through the leave encashment process.
To get tax relief for leave encashment, the employee should fill out form 10E. This form is available on the e-portal of the income tax department and, once filled, can be submitted online.
At the time of retirement or resignation, the employee can avail of encashment through their accumulated paid leave. However, various conditions depend upon the type of organization in which the employee has worked.
Leave encashment received by govt employees is tax-free. Leave encashment received by private employees is the least of the following:
To make it easier to understand, here is an illustration:
Mohan has retired from the organization after serving for a period of 20 years. He was entitled to 32 days of paid leave in a year. But he exhausted 275 leaves and left with 365 days of leave. He draws a basic salary + D.A. INR 30000 per month at retirement. He received a leave encashment of INR 365000 (365*1000).
| Description | Amount (INR) |
|---|---|
| Leave encashment amount received | 365000 (365*1000) |
| Exemption under section 10(10AA) | |
|
i) Average Salary of 10 months ii) 30 leaves per year allowed iii) Maximum Allowed Lower of all (Exempt Amount) |
300,000 600,000 2,500,000 300,000 |
| Taxable leave encashment (Actual - Exempt) | = (365,000-300,000)= 65,000 |
So, the taxable leave encashment is INR 65,000.
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The leave encashment formula is a straightforward way to calculate the amount you'll receive when you encash your unutilized earned leave (EL) days. Here's the formula:
Cash equivalent = [(Basic Salary + Dearness Allowance) / 30] * Number of Earned Leaves (EL)
Leave Encashment Rules for Central Government Employees:
Leave encashment can be withheld if the assessee faces a criminal case or any departmental proceedings at the time of retirement.
Leave encashment is taxable if it is received on resignation.
Leave encashment refers to the monetization of unavailed leave, which is carried forward.
The provision of leave encashment is that a maximum of INR 25 lakh is exempt, and for govt employees, it is fully tax-free.
Leaves earned by the employees can be encashed in the next year; the quantum of leaves encashed is not more than 50% of earned leaves at credit or 30 days earned leave, whichever is less.
It depends upon the policy of your company. If CL is paid on certain days then it can be encashed.
Yes, leave encashment is taxable for bank employees subject to certain conditions.
The number of leaves an employee can avail, and the leave encashment allowed is dependent on the employer. The amount received as leave encashment is a perquisite to the employee, and the tax implications are dependent on whether the leaves are encashed during the course of employment or at the time of retirement.
Leave encashment for non-government employees can be calculated as follows:
The maximum tax exemption amount for leave encashment was initially Rs 3,00,000 but was raised to INR 25,00,000 in the New Finance Budget 2023. Any amount beyond this value is taxable. The leave encashment calculation for the exempt leave encashment follows the guidelines outlined in Section 10(10AA).
When an employee receives leave encashment during employment, the entirety of that amount becomes fully taxable and contributes to the category of 'Income from Salary.' Nonetheless, you can avail of certain tax benefits under Section 89 of the Income Tax Act. To claim tax relief for leave encashment, it is essential to complete Form 10E.
Hence, leave encashment received from an employer upon resignation from employment is eligible for tax exemption, provided it adheres to the specified leave encashment calculation method and limits. However, it's important to note that any leave encashment received while still employed by the same employer is taxable for the employee.
