New Labour Laws 2026: What Every Employee Must Know About Leave Rules and Encashment Changes

India's new labour laws are finally coming into effect, and while most headlines have focused on wages and working hours, one area that directly impacts employees is earned leave and leave encashment. If you're working in India especially in roles covered under labour lawsthese changes could quietly make a big difference to your salary, time off, and even final settlement.

Earned Leave Rules Change  What New Labour Codes Mean for Your Leaves and Salary

What Are the New Labour Codes?

The government has combined 29 existing labour laws into four simplified codes: wages, social security, industrial relations, and workplace safety. These officially came into force on November 21, 2025, but most real-world changes are expected to be seen from this month April , 2026, once states fully implement them.

Top 5 Changes Due to the New Labour Codes

Earlier, employees had to work 240 days in a year to become eligible for earned leave. That threshold has now been reduced to 180 days. This is a big deal, especially for contract workers, gig workers, or anyone whose work isn't continuous. You don't need to wait almost a full year anymore to start earning leave benefits. On top of that, the leave accrual rule stays the same: you earn 1 day of leave for every 20 days worked but since eligibility starts earlier, you effectively start benefiting sooner.

You can now carry forward up to 30 days of earned leave, and anything above that must be paid to you in cash. So instead of losing your leave, you either keep it or get paid for it.

Earlier, leave encashment during your job was often optional or depended on company policy. Now, the rules are clearer. You can encash leave during your job (annually).You can also encash it when you leave the company. Any excess leave beyond 30 days must be paid out

If you apply for leave and your employer rejects it due to work reasons, that leave will not be counted under the 30-day cap. It can be carried forward beyond the limit.

One of the biggest pain points for employees has been delayed settlements after leaving a job.

As per the new rule Leave encashment must be paid within 2 working days of exit. In cases like retirement or death, it must be settled within two months

How Your Leave Encashment Is Calculated Now

The calculation is also changing slightly.Under the new wage definition, basic salary + DA must be at least 50% of your total salary (CTC). This directly affects how much you get when you encash leave. For example, if your CTC is Rs. 10 lakh, then Rs. 5 lakh is considered as wages, and the leave encashment for 15 days works out to approximately Rs. 20,833.

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