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). Add message | Report | See all. 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). Can you be made redundant while on furlough? Furlough Pay should not affect mums already on maternity … Tickets: free. Will furlough leave affect an employee’s right to take maternity, paternity, adoption or shared parental leave? Furlough was due to be replaced by the Job Support Scheme on 1 November. 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… Managing your employee's maternity leave and pay. If you like, you can tell us more about what was useful on 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. Published 18 December 2020 . Furlough Leave: HMRC and ACAS guidance updated as at 30 April 2020 ... (maternity, paternity, adoption, shared parental or parental bereavement leave). An employer cannot claim for hours worked through HMRC's Coronavirus Job Retention Scheme. Furlough Pay should not affect mums already on maternity … Each job is treated separately. Furlough and Maternity Pay (28 Posts) Add message | Report. Or you can scroll through to see all our information on benefits under Covid-19 measures. 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. Coronavirus (COVID-19): latest advice for employers and employees. OP’s posts: See next | See all Add message | Report | See all. 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 … Furloughs that would potentially result from sequestration would generally be considered administrative furloughs. 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 Company maternity pay or Occupational Maternity Pay) is the element that would be eligible for the furlough claim by the employer. Around a third of calls to Acas focus on redundancy issues, she added. The answer for HR depends on whether the employee receives enhanced contractual maternity pay. their contractual salary and not the payments made whilst on maternity leave. Employees who are “exempt” from the lapse in appr. This webinar explains the temporary HMRC Job Retention Scheme being made available to businesses across the UK. Your paternity leave, pay and other rights. Acas said it understands that furloughed workers are covered by the new two-year holiday carry over law too. Did you get the information you need from this page? The enhanced pay must be contractual. parents on statutory maternity and paternity leave who return to work in the coming months will be eligible for furlough scheme even after 10 … 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. Get Tickets Now. Furlough Pay will probably be based on your pay* in February 2020. ACAS guidance has confirmed that workers can be required to take annual leave while they are on furlough. MoneySaving Newbie . The Acas booklet Redundancy handling provides useful advice on consultation and selection criteria. 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). Any agreement to extend should be put in writing. Tom Neil, Acas senior adviser, said: “While an employer can still make redundancies, they must follow a fair process. Employers that fail to fulfil these obligations could face pregnancy and maternity discrimination claims. Here we summarise the key changes. ACAS guidance has confirmed that workers can be required to take annual leave while they are on furlough. To end furlough, employers should give staff notice in writing. ACAS has also updated their advice for employers and employees. 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. 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. My decision closed while I was on mat leave and I was due to start in a new area in an equal job. In essence this means that an employer can only claim the 80% on the enhanced payment and not the statutory payment. Redundancy, Furlough & Maternity leave Loophole. 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. We highlight 10 employment tribunal claims related to the coronavirus pandemic that employers could face in 2021 and beyond. It's a good idea to make sure staff have a way to communicate with … If you started unpaid leave after February 28, 2020, you can be put on furlough instead. We cannot respond to questions sent through this form. 30 July at 10:14PM in Coronavirus support and help. 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. Note. If you like, you can tell us more about what was useful on this page. Acas chief executive Susan Clews said that many employers and staff were “concerned about their future livelihoods” due to the impact of the pandemic. 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 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. And you don’t need to spend sleepless nights worrying about getting the law right. Furlough is a type of leave for employees or workers to stop work temporarily during the coronavirus pandemic. 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. ACAS Webinar - Furlough leave – the HMRC Job Retention Scheme. The government guidance published on 26 March 2020 states that furloughed employees have the same rights as they did previously. The webinar is designed for employers who have furloughed workers, or who are planning to furlough workers within their organisation. Confirmation that furlough … 12 replies 415 views lukecoa87 Forumite. Pregnancy and maternity discrimination protection mainly applies to a specific period of time known as the protected period. And that's not allowed. More than 26 weeks’ maternity leave is called ‘additional maternity leave’ under the law. H & DD by PSP (c)2016. 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. 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 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). Read info on the ACAS website and seek guidance from your union if you have one. Pregnant women and new mothers are entitled to take up to 52 weeks of Maternity Leave. Employers Direct has helped small businesses like yours for more than 30 years. 1. 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. 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. Statutory maternity pay (‘SMP’) is governed by the Social Security Contributions and Benefits Act 1992. I posed the question to the school and they've said no, but I'm not sure if they're right in doing so. Sadly, you can also be made redundant even if you're pregnant or on maternity leave. Please do not include any personal details, for example email address or phone number. Putting someone on furlough Employers can put someone on furlough, as long as they were employed on or before 30 October 2020. Up to 39 weeks are paid. 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. 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. How is furlough pay calculated if I used to work full-time but I am returning to work after maternity … They do not need to have been on furlough before. (It had originally been due to finish at the end of March 2021). 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. Note. If you need the letters in a different format, or you cannot download them, email digital@acas.org.uk. Employers can put someone on furlough, as long as they were employed on or before 30 October 2020. 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. Furlough was due to be replaced by the Job Support Scheme on 1 November. Find out more about putting someone on furlough. For women who qualify for Statutory Maternity Pay (SMP), this is … If you have agreed to be put … 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. 12.05.20. Can I put her on furlough and reduce how much I pay her? Employers can put someone on furlough, as long as they were employed on or before 30 October 2020. 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. Good luck. Any new furlough arrangements should be agreed between the employer and the employee or worker, and be put in writing. 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). 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. This suggests that an employee can only be on one type of leave — either sickness leave or furlough. Hello, So my company may be putting me into furlough tomorrow due to Coronavirus and will pay me up to 80% of my wage. Your employer can put you onto furlough before your maternity leave and pay starts. 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. opriations (e.g., because they are not paid from annually appropriated funds) … Furlough Pay will probably be based on your pay* in February 2020. Find out more about furloughing your employees. This is not quite right. Does anyone know of this will affect my qualification for SMP? Maternity & Paternity ... and that basic awards for unfair dismissal cases must also be based on full pay rather than furlough pay. If the coronavirus outbreak has affected your job, this is a space to get support and chat to others in the same position. If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. 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