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. Change Management The guidance specifies that only if a pregnant woman is showing symptoms of coronavirus, lives in a house with someone with symptoms, or who has tested positive, does she have to be in self-isolation. RSS feeds Changing the date you start maternity leave. Furlough came out approx a week later. Any advice. Beverley Sunderland attempts to dispel some myths and provide clarity around whether they can be furloughed. Maternity Action outline on its website there is “no entitlement” to your full, usual salary while on maternity leave. I’m due end of September but have been put on furlough because of the current crisis. Wellbeing Contact us For women who qualify for Statutory Maternity Pay (SMP), this is paid at 90% of usual earnings for the first 6 weeks, followed by 33 weeks at the statutory rate (currently £151.20). 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). Adoption Leave and Statutory Adoption Pay (SAP) are the same. When placed on furlough you are also entitled to your normal salary, not … IT finance analyst is awarded £4,000 in a case involving attitudes to sickness, workloads, mental health and pregnancy. Just wondering whether you can take annual leave as well? The Government has now confirmed that taking holiday during furlough will not break any furlough leave period or invalidate a furlough pay claim from HMRC. Employee Benefits Connect The government’s furlough (job retention) scheme is now going to run until March 2021. "If you are already on maternity leave and only receiving SMP, then you can agree with your employer to return to work early so as to be put on furlough leave and receive better pay," she says. There has been debate about the legitimacy of employers requiring employees to take annual leave while on furlough leave. It will take only 2 minutes to fill in. Can I be made to take my mat leave early? Entitlement to Statutory Maternity Pay, as well as the other forms of Parental or Adoption Pay, are currently calculated through someone’s average earnings over an 8-week assessment period. My company's maternity policy is full pay for 12 weeks, then it goes down to statutory maternity pay only, then zero for the last three months of the year. HR Systems Don’t worry we won’t send you spam or share your email address with anyone. Furlough Leave and ending family leave. Instead of losing on my maternity leave? If being pregnant was not a worrying enough time, an added layer of anxiety has been introduced by the Covid-19 crisis, aside from the obvious concern about catching it. Lords Minister for the Department for Work and Pensions, Baroness Stedman-Scott said: At an already challenging time for families, peace of mind that they can rightly take time off and receive their full entitlement will provide much needed reassurance. However, there will be some women who were pregnant and on furlough between 1 March and 25 April and their pay during this period was reduced – this reduced figure will be used to calculate their SMP for six weeks when they eventually go on maternity leave. Privacy policy If you want to change the start date of your maternity leave, you must give your employer 28 days’ notice, or agree a new date together. Don’t include personal or financial information like your National Insurance number or credit card details. This was rectified by legislation that came into effect on 25 April, making it clear that for the purpose of calculating SMP the actual earnings and not the furloughed earnings must be used. Statutory Paternity Pay is up to 2 weeks long and is paid at the lower of £151.20 per week, or 90% of average earnings. ... Can I be on furlough and maternity leave at the same time? HR Business Partner © 2011 - 2020 DVV Media International Limited. But despite this, helplines were inundated with calls from distressed women who had been sent home on little or no pay simply because they were pregnant. People Analytics If this is the assessment then they should be found alternative work. To be eligible for Paternity, Shared Parental and Parental Bereavement Pay, a person’s average weekly earnings need to exceed the Lower Earnings Limit (currently £120 per week) over a prescribed 8-week test period. However, only women who are pregnant with significant heart disease or other conditions referred to in the government guidance need to be completely shielded. Furlough: parental pay to be calculated on usual earnings, Furlough: what the updated guidance clarifies, and what it doesn’t. However employees should bear in mind that the furlough scheme could end at any time and if they have given notice to end their maternity leave they cannot go back onto maternity leave. On Maternity Leave If you are currently getting Maternity Allowance, this will be based on 151.20/week for 39 weeks. OH&W subscription terms. Statutory Parental Bereavement Pay is 2 weeks long and is paid at the lower of £151.20 per week, or 90% of average earnings. I'm definitely furloughed until 30th June, but I'm really hoping that they extend my furlough for one more month as I really don't see the point of going back for 4 weeks only just to leave again! If the employee only receives statutory maternity pay (SMP) then she must not be furloughed because the employer can already claim this back from the government. It protected me until until I had my baby, then I was covered for the full 12 weeks because I didn’t use any FMLA days. As this is a new scheme there was naturally confusion and misunderstanding to start with, as it was developed at break-neck speed and without the luxury of consultation. In addition to the Q&A’s, we are pleased to announce that we have an easily-accessible Ashtons Legal Online HR Portal for businesses, which contains over 95 HR documents, templates and draft letters, covering over 14 topics such as contracts and offer letters, disciplinary issues, flexible working, performance management, family leave, sickness absence, recruitment, termination of employment and redundancy. However, if an employer failed to write to them within 28 days of the date they received the employee’s notification to go on maternity leave, or within 28 days of when their maternity leave started to tell them when their 52 weeks’ maternity leave ends, the employee does not have to give notice to return. You can change your cookie settings at any time. And if you’re wondering, “Can I start a redundancy procedure while staff are on furlough?” Yes, you can begin the process if the employee is on furlough leave from your business. Pregnant women and new mothers are entitled to take up to 52 weeks of Maternity Leave. It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. However due the coronavirus the store has temporarily closed and all staff have agreed to be furloughed. Furlough leave is simply a status that enables the employer to claim for any enhanced contractual element of maternity pay under the CJRS. Holiday 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 Coronavirus Job Retention Scheme rules are complicated enough, without the added layer of complexity surrounding maternity leave and new and expectant mothers’ rights. 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 … If you work more than 10 KIT days, your maternity leave and pay automatically end by law. Diversity & Inclusion For Maternity Allowance, entitlement and the rate payable is also determined by looking at average earnings over a 13 week period. Training Originally, the CJRS guidance said that if an employee was pregnant, on furlough and on reduced earnings in the two months before the qualifying week – and so used to calculate statutory maternity pay – then their SMP would be reduced. Employers are expected to do a risk assessment for women who are pregnant, and because Covid-19 is an infectious disease then the level of risk at work must be “in addition to the level to which a new or expectant mother may be expected to be exposed outside the workplace”. I don't understand how it works but I can take annual leave, so I did but my pay is still less than 100% which I don't get as I put in 4 days annual leave. I’m in two minds what to do I can go back and they’d put someone on furlough in my place but I may as well stay off and shield me and the baby if possible, I’m just worried about my job in the long run? The plan is and always has been to have 4 weeks of annual leave, then start statutory maternity leave on 31st August. I am due in October, my store has reopened but me and one other girl are still on furlough, my pay is going off my average which is better than my contracted so I’m on a win win at the moment, but if the changes to furlough from the 1st mean companies will have to pay 20% of your wage I’m concerned I may be made redundant with me still being on furlough! Worker awarded compensation after missed antenatal check-up. Women were reporting that Acas were advising them to bring their maternity leave to an end if they wanted to be furloughed. From 6th April 2020 this rises to £151.20 April 7, 2020 Last month Chancellor Rishi Sunak announced a number of measures to protect workers and businesses during the coronavirus pandemic. You’ve accepted all cookies. My baby was due in May. While previously only pregnant with symptoms of the disease were told to self-isolate, now they're all being told to avoid 'all unnecessary social contact'. I was sent home on maternity leave 6 weeks earlier then my due date due to coronavirus, this was in March 2020. Usually, maternity leave entitles an employee to 52 weeks of leave. We have divided pregnant and new mums into six categories to explain the possible changes to their pay during maternity leave following the introduction of the furlough pay. Hi, I have been on maternity leave for 9 months and was due back to work next week. I began maternity leave in December 2019 and planned to take the full year off, having saved like a demon to make this possible. Furloughed employees will receive 80% of pay, capped at £2,500, which may be higher than maternity pay, but would require you to end your maternity leave.” Employee Benefits Live, • Occupational Health & Wellbeing But, a woman returning from maternity leave early should not assume she will be furloughed and should be advised to speak to her employer first. Advertising specifications Then along came the Coronavirus Job Retention Scheme (CJRS) which allows employees to be sent home (furloughed) on 80% of their normal pay or £2,500 a month, whichever is lower. Organisational Development The Chancellor announced on 9 June that “parents on statutory maternity leave and paternity leave who return to work in the coming months will be eligible for furlough scheme even after 10 June cut-off date.” Details of this and the flexible furlough scheme are … We’ll send you a link to a feedback form. Hi, has anyone else been furloughed until maternity leave? Throughout this health emergency we’ve taken unprecedented steps to help those affected make ends meet, and today’s new measures further extend vital financial support. Compensation & Benefits We were furloughed in April. I was just wondering how my furloughed pay will be worked out. Many women who have exhausted their SMP and are not receiving an income are seeing their colleagues being furloughed and may want to return to work early. Employees on maternity leave can still access furlough after deadline. Employee Relations For further guidance, Maternity Action is also a good source of advice. HR Director It states: “Government guidance says that women can be on furlough AND maternity leave in order for employers to recoup the costs of occupational maternity pay. This is not quite right. Health & Safety To do that, they need to give eight weeks’ notice. If there is no alternative work, then the law says that she should be sent home on full pay. Occupational Health The Personnel Today Awards Women were reporting that Acas were advising them to bring their maternity leave to an end if they wanted to be furloughed. Download our guide to redundancy rights when pregnant or on maternity leave (PDF, 299KB, 13 pages). 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