Earned Leave Encashment Rules: Rights and Procedures You have worked hard all year, earning a set amount of paid time off, but realised you haven’t used all instead letting those leave disappear. Leave Encashment is a company benefit that lets you convert your unused paid leave into a lump sum. This guide will walk through earned leave encashment, highlighting its rules with rights, and procedures, so you can be fully prepared to receive leave encashment
What is Earned Leave Encashment? Earned Leave Encashment basically means getting money for the earned paid leaves you didn’t use. Every employee gets a certain number of paid leaves each year, but not everyone uses all of them. Many companies allow these unused leaves to be carried forward. Over time, these leaves add up, and they are mostly given when an employee resigns, retires, or leaves the company for any reason. Leave encashment is not counted as salary for provident fund, gratuity, or bonus. Suggested read on Will pension and Gratuity end?
Rules for Earned Leave Encashment 1. Who can get leave encashment
Only earned leaves can be converted into cash leaves, like casual, sick, maternity, paternity, and can’t be encashed
2. When one gets leave encashment
You can get leave encashment when you resign, retire or during final settlement or allow leave encashment only once a year.
3. How Leave Encashment amount calculated
The amount is calculated using basic pay and deraness allowance. Other allowances like House rent allowance, City compensatory allowance, Coalfield Allowance, and Underground Allowance are not included. Companies may count a month as either 30 days or 26 working days when calculating your salary. It depends on the company’s rules during the calculation
Also read, leave travel allowances
4. Tax rules
Leave encashment is a useful benefit, but it is also taxed. The tax you pay depends on when you receive the money and what type of job you have.
If You Take Encashment While Still Working: If you take your leave encashment while you are still doing your job, the whole amount is taxable. But you can reduce your tax by claiming relief under Section 89. For this, you need to fill out Form 10E online on the Income Tax portal. Suppose you take Encashment at retirement or resignation : For government employees. In that case, the entire leave encashment amount is completely tax-free, and for private employees, only part of the amount is tax-free, and the rest is taxable. The maximum tax-free amount you can get is ₹25,00,000.When the Employee Has Passed Away. If an employee dies before using or encashing their leave, their family or legal heirs get the full amount. This money is not taxed at all. Also read, Cancelling GST registration and transfer of ITC by legal heir
Procedure for Earned Leave Encashment Below is by step procedure on how leave encashment is given by the company to employees
Submission of Request by Employer: The employee must submit a request for leave encashment by writing to HR or completing a company form. Encashment is allowed only once in a calendar year Checking leave balance: HR or the Accounts Department checks how many earned leaves are available for encashment. They confirm the balance and make sure the request follows company rules.Calculation of Encashment Amount: For calculation purposes, the amount is based on basic pay plus dearness allowance.Approval by HR/management: The request is reviewed and approved by HR or management in order to ensure all calculations, limits, and policies are followed.Company Deductions (if applicable): Sometimes, tax is cut from the leave encashment amount. If the employee has to return any money to the company, that amount can be taken out from this Final payout: After approval and deductions, the leave encashment amount is paid to the employee. In case of resignation or retirement, it becomes part of the full and final settlementCalculation of Earned Leave Encashment The money you get from leave encashment depends on three things: your basic salary and how many unused paid leaves you have saved, and dearness allowances, if any, based on company policy. Most companies use a simple method to calculate Leave Encashment = (Basic Salary + Dearness Allowance ÷ 30) × Number of Unused Earned Leaves
Below is an example,
Monthly basic salary = ₹24,000 Unused earned leaves = 12 days Now apply the formula:
Leave encashment = (24,000 ÷ 30) × 12 = ₹9,600
So Rs 9600 will be received as leave encashment
Rights and non-rights of leave encashment Within the rules of leave encashment, there are certain rights and non-rights of leave encashment, as these are not applicable everywhere or to everyone
Rights given to employees These are things where employees are allowed to receive or do
You can generally encash earned/privilege leaves, because these are meant to be saved and paid out. Casual Leave, paid holidays depend on the organisation's policy to provide cash encashment You can get leave encashment when you resign or retire, and you may also get leave encashment, but only if the company allows it You can carry forward your privilege leaves for a few years, depending on company rules. If an employee dies, the family/legal heir gets the full leave encashment amount Rights not given to employees You cannot encash sick leave, sabbatical leave, or maternity leave because these are not meant for payment. You cannot get leave encashment during your probation period You cannot get encashment for leave during a period of suspension You cannot encash leave beyond what the company policy allows, You cannot count allowances like HRA or medical allowance for the calculation Suggested reading on the Employment Pension Scheme
Tax Exemption Calculation in detail But for private employees, the tax-free amount is decided by comparing four things:
Government limit, actual amount Ravi received as leave encashment, Average salary of last 10 months, Value of allowed unused leave
Let's understand with an example how much is tax-free
Ravi worked in a company for 12 years. The company granted him 30 paid leave days annually. Hence, over 12 years, he was entitled to 360 leave days, out of which he had utilised 150 days. Upon resigning, Ravi’s basic salary plus DA amounted to ₹28,000. His employer compensated him ₹1,96,000 as leave encashment.
So let's check the four values
Government limit is of Rs 25,00,000
Actual amount Ravi received:1,96,000
Value of allowed unused leave (30 days × 12 years × ₹933 per day*) : Rs 3,35,880 calculated (30 days × 12 years × ₹933 per day*)
salary per day = 28,000 ÷ 30 = ₹933
So the lowest amount among the four is Rs ₹1,96,000
Taxable amount =Rs 1,96,000-1,96,000=0
Ravi does not have tax on cash encashment
Conclusion Overall, leave encashment is a great benefit as it does not let paid days go to waste when your company converts your leftover earned leave into cash, usually when you resign or retire. The amount is calculated using your basic salary and dearness allowance, and while the money is generally taxable, there are special tax rules and limits. Ultimately, it’s a smart way to boost your final settlement by getting every penny you are owed for the time you worked.
FAQs 1. Why is leave encashment beneficial for employees? It enables the employees to generate some revenue from their paid leave that they didn't use. In this manner, without taking time off, their unused earned leave days convert into additional earnings rather than being lost.
2. In case of retirement, can I encash my unused leave? Yes, when you retire, any paid leave you haven’t used can be encashed. This means the company will pay you for those leftover leave days.
3. Do I have to pay tax on leave encashment? Yes, leave encashment is taxable. But the tax rules can change based on your job and your company’s policy.
4. Is encashment of my unused leave possible if I am suspended from work? No, you cannot get leave encashment in this case
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