Leave Encashment Exemption: Government vs Private Employees – Key Tax Differences

October 13, 2026

According to Karnataka Shops and Commercial Establishments Act

For an adult employee, Section 15 provides annual leave with wages at the rate of:

  • 1 day of leave for every 20 days worked.
  • A young person gets 1 day for every 15 days worked.
  • There is also a separate entitlement of up to 12 days' leave with wages during each 12-month period for sickness, accident or another reasonable cause.

Current central OSH & Working Conditions Code

The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 32 provides annual leave with wages at 1 day for every 20 days worked, subject to the eligibility and other conditions in the Code. It uses 180 days worked in the calendar year as the threshold for entitlement.

1. Read more about new Labour Code here Introduction of New Labour Codes in India – Impact, Advisory and Compliance Insights

For an adult employee (18+), the statutory minimum is:

Earned/annual leave: 1 day for every 20 days worked.

Sickness/other reasonable cause leave: up to 12 days with wages during each 12-month period.

Carry-forward of earned leave: generally up to 30 days for an adult.

If the firm's employment contract or leave policy provides more favourable leave, the employee is entitled to the more favourable benefit.

Leave Encashment Exemption — Government vs Private

Government Employees: For a Government employee, leave encashment received at the time of retirement or resignation is fully exempt from income tax under Section 10(10AA)(i)

For Private Employees:

The exemption is the least of:

  1. Actual leave encashment received
  2. ₹25,00,000
  3. 10 months' average salary
  4. Cash equivalent of unavailed leave, calculated with a maximum entitlement of 30 days per completed year of service

The ₹25 lakh ceiling was notified with effect from 1 April 2023.

During Employment: Leave encashment received during the period of employment is generally fully taxable for both Government and private employees.

To Automate leave encashment calculations and other deductions, check this article Why Your Business Needs to Switch to Automated Payroll

Conclusion:-

The tax treatment of leave encashment depends on the employee's status. Government employees enjoy complete exemption on leave encashment received at retirement or resignation, whereas private and other non-Government employees receive exemption only up to the prescribed limits under Section 10(10AA)(ii), including the ₹25 lakh ceiling and other applicable conditions. Therefore, understanding the employee category and the applicable exemption limits is essential for correctly determining the taxable portion of leave encashment.

For more practical tax and payroll updates, visit our home page or Contact us for practical solutions for your HR and Payroll operations.

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Author:
Venu KS

Prepared On:
13/10/2026



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