ACAS-based legal advice to save you time, money & worry. Employers might need to put some or all of their employees on temporary leave ('furlough') during the coronavirus (COVID-19) pandemic. As a result of the #COVID19 #coronavirus pandemic with millions of employees being placed on furlough, new rules are introduced to protect those who are going on parental leave and receiving statutory payments for maternity, adoption, paternity, bereavement and shared parental responsibilities. Furlough Leave: HMRC and ACAS guidance updated as at 30 April 2020 It seems that a week cannot go by without further revisions to the published guidance on accessing the Coronavirus Job Retention Scheme (CJRS). MoneySaving Newbie . H & DD by PSP (c)2016. Note. For women who qualify for Statutory Maternity Pay (SMP), this is … Find out more about changing an employment contract. I have already given … If you’re getting Maternity Allowance while you’re on maternity leave, you cannot get furlough pay at the same time. The Government's furlough scheme, large-scale redundancies, safe working concerns and the rise of flexible working will have a big impact on employment tribunals for years to come. It's a good idea to make sure staff have a way to communicate with the employer and other people they work with. This suggests that an employee can only be on one type of leave — either sickness leave or furlough. They must get their full normal pay for any hours worked. Up to 39 weeks are paid. Published 18 December 2020 . The furlough scheme has been extended until 31 March 2021. The government guidance published on 26 March 2020 states that furloughed employees have the same rights as they did previously. Furlough Pay should not affect mums already on maternity … Furlough Pay will probably be based on your pay* in February 2020. Pregnant mums are designated as vulnerable and are advised to self isolate so may be put on furlough pay if they are less than 29 weeks pregnant and not able to work from home. Furlough is a type of leave for employees or workers to stop work temporarily during the coronavirus pandemic. Employers Direct has helped small businesses like yours for more than 30 years. Acas seems to agree. However, if you went on maternity leave before 25 April 2020 and you had previously been furloughed on less than 100% pay, this may have affected how much maternity pay you received. If you started unpaid leave after February 28, 2020, you can be put on furlough instead. Women were reporting that Acas were advising them to bring their maternity leave to an end if they wanted to be furloughed. The employer and employee can agree to vary holiday entitlement as part of the furlough agreement, however almost all workers are entitled to a minimum 5.6 weeks of statutory paid annual leave each year which they cannot go below (even zero hours and part-time). This means someone might be: If they're put on furlough for more than one job, they'll be eligible for financial support through HMRC's Coronavirus Job Retention Scheme for each job. And you don’t need to spend sleepless nights worrying about getting the law right. If you like, you can tell us more about what was useful on this page. There's no minimum notice period for furlough, but employers should: Download a letter template to end furlough. Putting someone on furlough Employers can put someone on furlough, as long as they were employed on or before 30 October 2020. opriations (e.g., because they are not paid from annually appropriated funds) … ACAS has also updated their advice for employers and employees. Employers can put someone on furlough, as long as they were employed on or before 30 October 2020. 12.05.20. First, though, I want to look at what the employers’ CJRS guidance says about maternity leave: ‘If your employee is eligible for Statutory Maternity Pay (SMP) or Maternity Allowance, the normal rules apply, and they are entitled to claim up to 39 weeks of statutory pay or allowance… If you offer enhanced (earnings-related) contractual pay to women on maternity leave, … And that's not allowed. Furlough and Maternity Pay (28 Posts) Add message | Report. However, as a school is public sector the government are not expecting their staff to be put on furlough. No, if you put an employee on furlough leave, the employee will still be entitled to take maternity, paternity, adoption or shared parental leave (subject to the employee satisfying the normal qualifying conditions and complying with notice requirements). Employers are allowed to furlough employees who are on Maternity, Paternity, Adoption or Shared Parental leave. If your employee is receiving Maternity Allowance while they are on maternity leave, they should not receive furlough pay at the same time. The law says that after the protected period in pregnancy and maternity has ended, an action after that time might still amount to unfavourable treatment because of pregnancy and maternity if it stemmed from an action or decision within the protected period. To find out more about claiming for furlough, see: An employer can decide to re-employ someone who was made redundant or stopped working for them on or after 23 September 2020, then put them on furlough. MARTIN LEWIS has issued advice concerning furlough payments, and the information could help many expectant mothers who are on maternity leave. However given that maternity pay is calculated on the basis of pay actually received during a set 8-week period, some mothers-to-be may be concerned about the financial impact on their maternity pay of being furloughed and may therefore wish to continue to work and receive full pay, if possible. ... (ACAS). So you don’t need to fork out hundreds of pounds an hour for ACAS solicitors. robynclen Mon 22-Jun-20 19:04:17. 30 July at 10:14PM in Coronavirus support and help. Pregnancy and maternity discrimination protection mainly applies to a specific period of time known as the protected period. MKmummy123 Sat 04-Apr-20 08:03:13. Get Tickets Now. xxx. Acas said it understands that furloughed workers are covered by the new two-year holiday carry over law too. Maternity Action is experiencing exceptional demand for our advice line at present so we have put together some frequently asked questions on rights at work and benefits during pregnancy and maternity leave during the Covid-19 pandemic. Devision not decision. Any of the following can be put on furlough, whether they work full time or part time: Employers can also furlough those who are temporarily unable to work because: Employers may also be able to re-employ and then furlough staff who’ve recently left their jobs or been made redundant. 1. The Government announced yesterday that it is extending the Coronavirus Job Retention Scheme (CJRS) until the end of April 2021. If she does, then an employer can furlough her and claim back 80% of this enhancement. For claim periods starting on or after 1st December 2020, employers cannot claim CJRS grant from the government to cover 80% of furlough reference pay salary for any… The answer for HR depends on whether the employee receives enhanced contractual maternity pay. Furloughed workers planning to take paid parental or adoption leave will be entitled to pay based on their usual earnings rather than a furloughed pay rate, the government announced today (24 April). Download a furlough extension letter template. ACAS Webinar - Furlough leave – the HMRC Job Retention Scheme. However, if you went on maternity leave before 25 April 2020 and you had previously been furloughed on less than 100% pay, this may have affected how much maternity pay you received. OP’s posts: See next | See all Add message | Report | See all. They do not need to have been on furlough before. H & DD by PSP (c)2016. Tom Neil, Acas senior adviser, said: “While an employer can still make redundancies, they must follow a fair process. 14:00. You're right that the govt guidance isn't explicit on the point, but any other interpr If you have agreed to be put … Your paternity leave, pay and other rights. But added that it's waiting for HMRC to implement the scheme. Employers will continue to pay furloughed staff 80% of their usual wages up to £2,500 per month – or more if that's been agreed with the employee or worker. This only refers to … Acas chief executive Susan Clews said that many employers and staff were “concerned about their future livelihoods” due to the impact of the pandemic. The furlough scheme (Coronavirus Job Retention Scheme) has been extended until 30 April 2021. They do not need to have been on furlough before. If your maternity leave ends after 19 March and you and your employer have agreed that your part-time hours will begin at the end of your maternity leave, your furlough pay should be based on the full-time salary that would have applied during your maternity leave (not your maternity pay). The webinar is designed for employers who have furloughed workers, or who are planning to furlough workers within their organisation. Note. Pregnant mums are designated as vulnerable and are advised to self isolate so may be put on furlough pay if they are less than 29 weeks pregnant and not able to work from home. Maternity & Paternity ... and that basic awards for unfair dismissal cases must also be based on full pay rather than furlough pay. (It had originally been due to finish at the end of March 2021). Employees who are “exempt” from the lapse in appr. fioney25 Tue 24-Mar-20 13:53:51. Or you can scroll through to see all our information on benefits under Covid-19 measures. Breach of contract when cutting furloughed employees' pay. Each job is treated separately. An employer cannot claim for hours worked through HMRC's Coronavirus Job Retention Scheme. This webinar explains the temporary HMRC Job Retention Scheme being made available to businesses across the UK. If your furlough period comes to an end before your notice period has run out, and you do not agree to continue with furlough, then you will be entitled to 100% of your pay for the remainder of your notice period that you are not on furlough. All your furlough questions answered – from maternity pay to whether you can include commission in your claim Helen Knapman , Digital Deputy Consumer Editor 23 Apr 2020, 12:51 I'm 18 weeks pregnant so in the 'qualifying weeks' for maternity pay. 12 replies 415 views lukecoa87 Forumite. We cannot respond to questions sent through this form. This should be the wage you would have received upon return from maternity leave, but for the furlough. Pregnant women and new mothers are entitled to take up to 52 weeks of Maternity Leave. This is not quite right. To end furlough, employers should give staff notice in writing. Claiming through HMRC's Coronavirus Job Retention Scheme, Find out more about putting someone on furlough, Training course - transition from lockdown, furlough to stop work temporarily but stay employed, 'flexible furlough' to work some of their usual hours and be put on furlough for the hours they did not work, they've been advised to stay at home by their doctor because of an underlying health condition (', they're caring for a vulnerable person in their household, volunteer work, as long as it's for another employer or organisation, training to keep their skills and learning up to date, do tasks or activities that make money for their employer or an organisation linked to their employer, provide a service for their employer or an organisation linked to their employer. OP’s posts: See next | See all Add message | Report. The HMRC guidance - Check which employees you can put on furlough to use the Coronavirus Job Retention Scheme has been updated on Friday 13th November 2020. ACAS guidance has confirmed that workers can be required to take annual leave while they are on furlough. Claiming through HMRC's Coronavirus Job Retention Scheme, Download a furlough extension letter template, Download a letter template to end furlough, Find out more about changing an employment contract, Podcast - managing the transition from furlough, Training course - transition from lockdown for workplaces, get agreement in writing and be clear how much the employee or worker will get paid during their furlough, keep furloughed workers on the employer's payroll and continue their employment contracts, on the employer's PAYE payroll on 23 September, included in a 'Real Time Information' (RTI) submission to HMRC between 20 March and 23 September, on furlough for one or more jobs, but continue to work for other jobs, how much the furloughed worker will be paid, keep a written record of how many hours someone works and how many hours they're furloughed (not working), which job roles and skills are needed in the workplace, if all furloughed staff are needed back at the same time, if any staff might be kept on furlough because they're temporarily unable to work, for example if they’re caring for someone or are shielding, talk to staff about any plans to end furlough as early as possible, encourage staff to raise any concerns or problems about returning to work. Hello, So my company may be putting me into furlough tomorrow due to Coronavirus and will pay me up to 80% of my wage. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. Read info on the ACAS website and seek guidance from your union if you have one. If the coronavirus outbreak has affected your job, this is a space to get support and chat to others in the same position. These rules only apply to those with normal working hours. If there are more than 20 people affected, employers will need to consult staff representatives ('collectively consult'). 30 July at 10:14PM in Coronavirus support and help. The ... Employees who have been on maternity leave in the past 12 months, and then subsequently are put on furlough, must have their furlough pay based on their normal pay, i.e. It's a good idea to make sure staff have a way to communicate with … Can you be made redundant while on furlough? Webinar This webinar explains the temporary HMRC Job Retention Scheme being made available to businesses across the UK. If an employer cannot reach an agreement with an employee or worker, they may decide they need to change the written terms in their contract. Any ‘enhancement’ to statutory payments (i.e. Sadly, you can also be made redundant even if you're pregnant or on maternity leave. Furlough Pay should not affect mums already on maternity … Any agreement to extend should be put in writing. Your rights during pregnancy and maternity, including leave, pay and returning to work. Employers can put someone on furlough, as long as they were employed on or before 30 October 2020. “Excepted” from furlough (i.e., continuing to work and earn pay, but their pay is delayed until appropriations are authorized). Redundancy, Furlough & Maternity leave Loophole. More than 26 weeks’ maternity leave is called ‘additional maternity leave’ under the law. Workers have the right to build up (‘accrue’) holiday entitlement while they’re on temporary leave (‘furloughed’) because of coronavirus (COVID-19). IF you’ve been put on furlough by your boss, you may wonder what will happen to your employment rights including annual leave, holidays and maternity and parental pay. They do not need to have been on furlough before. [This page was last updated 10 December 2020.] The furlough scheme has been extended until 30 April 2021. Furlough was due to be replaced by the Job Support Scheme on 1 November. Did you get the information you need from this page? The HMRC guidance - Check which employees you can put on furlough to use the Coronavirus Job Retention Scheme has been updated on Friday 13th November 2020. You're right that the govt guidance isn't explicit on the point, but any other interpretation would mean that you suffered a detriment because of your maternity leave. No matter whether you're pregnant or on furlough and you've been made redundant, you will receive a statutory redundancy payment, as long as you've been working somewhere for at least two years. Will furlough leave affect an employee’s right to take maternity, paternity, adoption or shared parental leave? 4 posts. If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. ACAS Webinar - Furlough leave – the HMRC Job Retention Scheme. We cannot respond to questions sent through this form. I posed the question to the school and they've said no, but I'm not sure if they're right in doing so. Company maternity pay or Occupational Maternity Pay) is the element that would be eligible for the furlough claim by the employer. pregnancy or maternity leave. The Acas booklet Redundancy handling provides useful advice on consultation and selection criteria. Add message | Report | See all. How is furlough pay calculated if I used to work full-time but I am returning to work after maternity … Whilst the ACAS guide refers to taking bank holidays during furlough leave, does that extend to other holiday entitlement and is there a difference between ‘euro leave’ (4 weeks including statutory holidays) and the additional minimum 1.6 weeks under the Working Time Regulations. If you’re getting Maternity Allowance while you’re on maternity leave, you cannot get furlough pay at the same time. Remember that being pregnant doesn't afford you immunity from furlough or redundancy so tread carefully in case they decide redundancy is their only alternative for employees who won't agree to be furloughed. Employees can take holiday whilst on furlough. You can also chat about how benefits, maternity pay and pensions have been affected. Find out more about putting someone on furlough. ... That, then, suggests that you can’t be on sick leave and furlough, but you can be on maternity leave and furlough — at least for such monies as the employer pays over and above SMP. Furlough was due to be replaced by the Job Support Scheme on 1 November. Employers that fail to fulfil these obligations could face pregnancy and maternity discrimination claims. It's a good idea to include: Furlough can be extended by going through the process of putting someone on furlough again. Coronavirus (COVID-19): latest advice for employers and employees. Please note, this area is for supporting each other and is not intended to substitute professional health advice. Does anyone know of this will affect my qualification for SMP? Can I put her on furlough and reduce how much I pay her? If you need the letters in a different format, or you cannot download them, email digital@acas.org.uk. Extension of furlough scheme. jetsetter87 Mon 22-Jun-20 19:46:29. Can an employee be on maternity leave and furlough? Employers must select people for furlough in a fair way to avoid any discrimination. Furlough Pay will probably be based on your pay* in February 2020. Holiday entitlement or annual leave - information for employers and workers on entitlement, calculating leave, taking leave, accruing leave and disputes Maternity leave and return to work Please click on the question that applies to your situation and it will take you through to the relevant section. Maternity leave and coronavirus: can it be extended and when you should return to work You cannot receive furlough pay at the same time if you’re getting maternity allowance [This page was last updated on 10 December 2020.] Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Furlough and the Coronavirus Job Retention Scheme, Please tell us why the information did not help, I cannot find the information I'm looking for. If you use additional maternity leave, you still have the right to return to your job on the same terms as before you left. If an employee returns from statutory maternity, shared parental, adoption, paternity or parental bereavement leave and the employer is claiming in respect of a period that starts on or after 1 November, the normal furlough scheme rules apply. I have a member of staff currently on maternity leave. If staff are on flexible furlough, they can do work for their employer during the hours they are not on furlough. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Furlough and the Coronavirus Job Retention Scheme, Please tell us why the information did not help, I cannot find the information I'm looking for. (Maternity and furlough) however this was not in writing.) Tickets: free. Please do not include any personal details, for example email address or phone number. The government’s … Coronavirus (COVID-19): latest advice for employers and employees. In essence this means that an employer can only claim the 80% on the enhanced payment and not the statutory payment. The Government's furlough scheme, large-scale redundancies, safe working concerns and the rise of flexible working will have a big impact on employment tribunals for years to come. Your employer can put you onto furlough before your maternity leave and pay starts. Good luck. Furlough: Maternity and other parental pay: changes to calculation of Average Weekly Earning (AWE) psimonparsons Coronavirus Job Retention Scheme, For the employee, For the employer, Furlough, Statutory Payments 19th June 2020 20th June 2020 2 Minutes. Statutory maternity pay (‘SMP’) is governed by the Social Security Contributions and Benefits Act 1992. The webinar is designed for employers who have furloughed workers, or who are planning to furlough workers within their organisation. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. If your employee is getting Maternity Allowance while they’re on maternity leave, they should not get furlough pay at the same time. An administrative furlough is a planned event by an agency which is designed to absorb reductions necessitated by downsizing, reduced funding, lack of work, or any budget situation other than a lapse in appropriations. We highlight 10 employment tribunal claims related to the coronavirus pandemic that employers could face in 2021 and beyond. Find out more about furloughing your employees. Managing your employee's maternity leave and pay. furlough to stop work temporarily but stay employed 'flexible furlough' to work some of their usual hours and be put on furlough for the hours they did not work; This can be a difficult time for both employers and staff. How to handle an employee's maternity leave and pay. ACAS guidance has confirmed that workers can be required to take annual leave while they are on furlough. If you like, you can tell us more about what was useful on this page. Around a third of calls to Acas focus on redundancy issues, she added. I'd read that the time you are furlough ISNT counted towards your qualifying weeks for SMP. Furlough Leave: HMRC and ACAS guidance updated as at 30 April 2020 ... (maternity, paternity, adoption, shared parental or parental bereavement leave). This only refers to your statutory entitlements. For claim periods starting on or after 1st December 2020, employers cannot claim CJRS grant from the government to cover 80% of furlough reference pay salary for any… If an employer wishes their employees to take annual leave, they are required to give twice as much notice as they want the employee to take, for example if the employer wants the employee to take one weeks’ annual leave, they must give two weeks’ notice. Maternity & Paternity ... and that basic awards for unfair dismissal cases must also be based on full pay rather than furlough pay. Furloughs that would potentially result from sequestration would generally be considered administrative furloughs. Furlough Leave: HMRC and ACAS guidance updated as at 30 April 2020 It seems that a week cannot go by without further revisions to the published guidance … The enhanced pay must be contractual. This means an employee or worker can agree with their employer to be put on: This can be a difficult time for both employers and staff. their contractual salary and not the payments made whilst on maternity leave. Contractual maternity leave: Those absent on contractual maternity leave returning to work between 10 June and 30 October seemed to be in a different position under the earlier phase of the furlough scheme. Would you mind letting me know where you’d seen that as I had assumed that it would count unless there was also an amendment to the SMP regulations OP I think rather than going in all guns blazing with a grievance just now I would ask them why if some people are being kept on to work why they’ve ask But if it’s not possible because there have been significant changes to the organisation, you could be offered a similar job. Confirmation that furlough … My decision closed while I was on mat leave and I was due to start in a new area in an equal job. As @prh47bridge said, the government guidelines state that employers "will receive a grant from HMRC to cover the lower of 80% of an employee’s regular wage or £2,500 per month..." This should be the wage you would have received upon return from maternity leave, but for the furlough. If someone disagrees with their employer's decision about being selected for furlough or how much they'll get paid, they should talk to their employer and try to come to an agreement. I've spoken to acas who said I needed to speak to hmrc, and I've spoken to them who told me they were only eloping employers at this time. Employers should regularly review furlough agreements to see if staff can be put on flexible furlough or return to work full time. Please do not include any personal details, for example email address or phone number. Any new furlough arrangements should be agreed between the employer and the employee or worker, and be put in writing. Did you get the information you need from this page? For free. Here we summarise the key changes. parents on statutory maternity and paternity leave who return to work in the coming months will be eligible for furlough scheme even after 10 … Acas chief executive Susan Clews said that many employers and staff were “concerned about their future livelihoods” due to the impact of the pandemic. Furlough employees who are planning to furlough employees who are planning to furlough workers within their organisation are not furlough! Affected, employers will need to have been affected to stop work temporarily during the coronavirus pandemic employers. They were employed on or before 30 October 2020. agreed between the.... Circumstances, call our helpline on 0300 123 1190 their employer during the acas maternity furlough that. Been extended until 31 March 2021 ) receives enhanced contractual maternity pay ( posts! 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