13 April, 2018
Under the current version of the LSA, a period of statutory childcare leave is not counted as attendance at work for the purposes of calculating an employee's paid annual leave day entitlement.
However, when the revision of the LSA becomes effective on 29 May 2018, the change in statutory wording expressly guarantees the leave entitlement of employees returning from childcare leave. After the LSA amendment, the childcare leave period will be considered as attendance at work for the purposes of calculating an employee’s paid annual leave day entitlement, and the paid annual leave days for employees who are reinstated after childcare leave will also be fully-guaranteed.
(Article 60 (6) (iii) of the revised LSA will be applicable to employees who apply to take childcare leave after 29 May 2018 when Article 60 (6) (iii) becomes effective.)
For further information, please contact:
Stephen Le Vesconte, Partner, Linklaters
stephen.le_vesconte@linklaters.com
