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OSH Code 2020 § 32 Section 10(10AA) ₹25 Lakh Exemption 180-Day Qualifying Rule 26 vs 30 Days Divisor

Earned Leave (EL / PL) Encashment Calculator

Calculate statutory leave encashment payouts under Section 32 of the Occupational Safety, Health and Working Conditions (OSH) Code, 2020 and the Factories Act. Evaluates 26 vs 30-day divisors, 30-day carry-forward limits, and the ₹25 Lakh lifetime tax exemption under Section 10(10AA).

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The 30-Day Accumulation Cap & Mandatory Annual Encashment

Under Section 32(vii) of the OSH Code, 2020, an employee may only carry forward up to 30 days of annual leave to the next calendar year. Any unused leave accumulated in excess of 30 days no longer lapses: the worker has the statutory right to encash the excess leave at the end of the year or on separation.

Leave Encashment Parameters

Configure salary, leave balance, and divisor

OSH Code § 32
₹

Base wages for encashment (excluding travel, uniform, and discretionary allowances).

₹

The ₹25,00,000 exemption limit is a cumulative lifetime ceiling across all past employers.

Gross Encashment
Tax-Exempt
Taxable Portion

📑 Leave Encashment Statutory Audit Worksheet

OSH Code § 32 & Income Tax Act § 10(10AA)

CBDT 31/2023
Statutory Parameter Formula / Rule Calculation / Value

Monthly Basic + DA

Statutory calculation wage base

Code on Wages § 2(y)

Per Day Wage Divisor

Unavailed Leave Days

Accumulated balance of earned/privilege leave

EL / PL Balance

Gross Encashment Payout

Daily Wage × Leave Balance Days

Total Entitlement

Remaining Lifetime Tax Exemption

₹25,00,000 minus prior exemption claimed ()

§ 10(10AA)
Tax-Free Encashment Amount Tax-Exempt
Taxable Leave Encashment (TDS Applicable) Subject to Tax
Corporate HR & Liability Advisory

Avoid Year-End Wage Liability Shocks Under the 30-Day OSH Carry-Forward Rule

Under Section 32 of the OSH Code, leave accumulation beyond 30 days must be encashed annually. High accumulated balances can severely impact company cash flows. Consult our senior labor law advisors to legally restructure leave policies and F&F settlement protocols.

Statutory Framework: How Leave Encashment is Governed in India

Comprehensive legal analysis of the Factories Act, State Shops & Commercial Establishments Acts, and the Occupational Safety, Health and Working Conditions (OSH) Code, 2020.

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180-Day Earning Standard

Under Section 32(i) of the OSH Code, an employee qualifies for annual leave with wages after working for 180 days in a calendar year (down from 240 days under the Factories Act, 1948), earning 1 day for every 20 days worked.

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₹25 Lakh Tax Exemption

Under CBDT Notification No. 31/2023, the maximum lifetime exemption limit for non-government employees upon retirement or resignation is ₹25,00,000 under Section 10(10AA)(ii). Central and state government employees enjoy unlimited exemption under Section 10(10AA)(i).

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In-Service vs Separation Tax

Under Supreme Court rulings, leave encashed while continuing in employment is treated strictly as salary under Section 17(1) and is 100% taxable without any exemption. Only encashment at separation (retirement/resignation) qualifies for Section 10(10AA) relief.

Frequently Asked Questions

No. Section 32(vii) of the OSH Code explicitly stipulates that unavailed earned leave exceeding the 30-day carry-forward ceiling cannot be forfeited or lapsed by the employer. The worker has a statutory right to either carry forward up to 30 days or encash the excess days at the end of each calendar year.
Under Indian labor laws, Casual Leave (CL) is meant for urgent contingencies and automatically lapses at the end of the calendar year without encashment. Sick Leave (SL/ML) is generally non-encashable unless specifically granted as encashable under company employment standing orders or internal HR policy.
Under Section 80 of the Factories Act and the unified definition of wages under Section 2(y) of the Code on Wages, encashment is based on Basic Salary and Dearness Allowance (DA). Excluded allowances cannot exceed 50% of total remuneration; any excess is included in the base daily wage.
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All calculators, statutory walkthroughs, and regulatory interpretations published on this portal undergo peer review by our Senior Statutory Retainer Panel. Content is audited for exact conformance with the Employees' Provident Funds Act, 1952, EPS Scheme 1995, and official Ministry of Labour & Employment Gazette Notifications (including S.O. 5109(E)).

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