FSB members have access to a template furlough letter (Notification of end of furlough and request to return to normal working arrangements) through the FSB Legal Hub. First, identify which employees are going to be affected (the “pool” of employees) and use objective criteria (such as performance and ability) to select which of those employees are going to be asked to go on “furlough” leave. You should tell your employer if you have a health condition that means you’re ‘clinically extremely vulnerable’. So, it goes without saying that you cannot select an employee to go on furlough leave because she is pregnant or about to go on maternity leave – regardless of your motives for doing so. We are specialist in employment law, we don’t dabble, we just do employment law, so you can be assure that you will get expert and up to date advice on your case. However, the employee will still have to observe the relevant statutory notice requirements for taking the leave and for postponing the leave (where notice has already been given). It's a good idea to make sure staff have a way to communicate with the employer and other people they work with. Its lovely. The Chancellor has said the Job Retention Scheme will allow furloughed workers to return part time from August. If your employee gets Maternity Allowance When I do return itll be a few afternoons a week as my boss doesnt want us to rush back full time and make ourselves unwell with the sudden routine change, which is really good of him I think. But you can decide to end your maternity leave early if your employer has offered to put you on furlough and you would receive higher wages. So, for example, an employee on furlough leave who is due to go on paternity leave, may decide not to assert their right to do so because they will be financially better off on 80% of pay than they would be on statutory paternity pay. It is vital to consult with employees who are on family leave about any affect that the Coronavirus situation may have on their role to avoid any claims that they have been unfavourably treated or discriminated against because they are on family leave. However, sometimes it’s just not practical to have exactly the same job (for example, if your role involved night shifts which you can’t do any more). He was due to go full time the following week, so we think the company just didn't want to pay the agency their fees and this is what they do. You’ll be paid 80% of your normal pay up to a maximum of £2,500 a month. If an employee is due to return from maternity or other family leave and you need to furlough them, we recommend that you seek legal advice as soon as possible because you will need to inform the employee and consult with them about your proposals before their return date. We recognise how stressful it can be and how you can feel like your employer has all the power. Returning to work. I'm quite anxious about the changes to the office as it's been moved around to accommodate the 2m rule. I can't see how we are going to work the way we did, in an open plan office that students and members of the public could walk into at any time. I guess for people on furlough that’ll just be amplified. Every time hes visited the office he comes home in a great mood and tells me all the banter. Should an employer dictate what can and cannot be discussed at work? With restrictions beginning to ease, many people that were furloughed are now being asked to return to work. Miranda is the firms expert on maternity, pregnancy and parental rights. Here you will find a variety of resources and information to help you at work. You are passing a message to a BabyCenter staff member. The furlough scheme applies on the flexible basis until March 2021. So far hes got no issues returning and is pretty positive. DH (dear husband) has been furloughed since March and so far no set return date, but likely July. As with many legal issues, every states sets its own regulations covering the amount of time an employer must allow an employee to take off after having a baby and whether the employee gets paid or unpaid leave while off the job. I am worried about how my LO (little one) will adjust to being away from me again. You will need consent from your employee to put them on furlough leave because most employment contracts will not permit an employer to reduce an employee’s pay (if you do not propose to top up on the 80% of wages that the government is going to reimburse), provide them with no work, and change their employment status, without agreement. I'm slightly dreading going back as I'll be in the office alone because we arent all going back at once, I've spent the whole time missing my work friends and now it looks like we'll be going back separately its just a bit of a let down. So far tho it’s been ok. We are here to help you, give you the answers and options to resolve any problems at work. From 2 December 2020, the government’s advice is that all workers in England who can work effectively at home must do so. Get the latest legal updates about employment law in the UK delivered straight to your inbox. Yes, they can potentially do this. If an employee is due to return from maternity or other family leave and you need to furlough them, we recommend that you seek legal advice as soon as possible because you will need to inform the employee and consult with them about your proposals before their return date. So, if a member of staff is in a bubble with a family member who looks after their children, they should be able to return to work. Your email address will not be published. We were talking about that this week in our team, we’re wfh but just thinking about what a physical and mental change it will be being back in an office environment and mixing with so many other people after being so relatively isolated, and how tiring it will be. An employee who cuts their maternity leave short on this basis could be required to return to work earlier than they anticipated. What you need to know about defending an Employment Tribunal claim. I wasn't furloughed but i was on parent leave when all of this started. So, to go into more detail – if you put an employee on furlough during their ‘calculation period’ this could affect their eligibility for Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP), Statutory Adoption Pay (SAP) or Shared Parental Pay (ShPP). Deciding Whom to Return to Work As the economic effects of a prolonged shutdown continue, employers may find themselves unable to return all furloughed or laid off employees to work. Firstly, the government has said that if you’re unable to work due to childcare responsibilities, your employer can continue to furlough you using the Government Job Retentions Scheme. Yes. Do you feel unsafe returning to work during the COVID-19 pandemic? The employee must earn an average of at least £118 per week in this period (£120 from 6 April 2020) to qualify for SMP/SPP/ShPP. Yes, providing you follow a fair process and subject to your contractual obligations. The employee must earn an average of at least £118 per week (£120 from 6 April 2020) in this period to qualify for SAP/SPP/ShPP. Likely til July. From Saturday 4 July, people can meet indoors in family gatherings involving two households, but they are expected to socially distance from … I’m still furloughed. Get expert guidance from the world's #1 pregnancy and parenting resource, delivered via email, our apps, and website. As employers start to bring their employees back from furlough leave, some may find that their employees refuse to return to work as they feel that it is not safe to do so. a) What do you mean by following a fair process? I'm quite anxious about the changes to the office as it's been moved around to accommodate the 2m rule. Appointments are available on the telephone or via Skype throughout the UK. He works on the railways so it’s only him an a couple of others. I’m going back next weekend, full days, back to normal. This is our flagship support service for employers where we provide affordable ongoing support for your business. The only way you can receive furlough pay is to give notice to end your maternity leave early and ask your employer if you can be put on furlough. (Please note, however, the discussion below about employees who are on maternity or other family leave). I've been furloughed since 23rd March. UNISON is working proactively with the UK governments and other bodies to keep you safe at work. There is no better proof in what we do than hearing it first hand from our customers. Furlough can be extended by going through the process of putting someone on furlough again. It is also important to remember that if a furloughed employee is paid 80% of their normal wages during their “calculation period”, this will affect the calculation of the higher rate of Statutory Maternity Pay (SMP) or Statutory Adoption Pay (SAP) that is payable in the first 6 weeks of statutory maternity or adoption leave. I’m anxious for her, and about the not knowing what to expect. However, what does the scheme mean for those who are on or about to go on maternity leave, paternity leave or other parental leave? Remember to include any employees who may be on maternity leave or other family leave in your pool. Eligible employees can be moved in and out of furlough until then and you can refer to our Returning to the workplace guide for more information. Employers should regularly review furlough agreements to see if staff can be put on flexible furlough or return to work full time. An employee who is on maternity leave has special protections including where there is a potential redundancy situation. Returning to work after furlough – How to manage the anxieties you might be feeling After weeks of living under lockdown, our worlds are slowly starting to open up again. I understand that people need a safe space to vent their worries and anxiety, I hope this can be a place people can express and discuss their concerns with respect. I understand that people need a safe space to vent their worries and anxiety, I hope this can be a place people can express and discuss their concerns with respect. After having a baby, a new mom's return-to-work date might loom large on the horizon, for both her and her employer. These case studies provide a flavour of the types of work we undertake on a practical level. Part time physical return could also help us with social distancing as less people in at any one time, and to manage if our kids are only back in school part time we can arrange shifts to suit. Only files 8MB or smaller of the following types are supported: JPEG, PNG, GIF. The guidance should not be relied upon in any decision making process. However it is not clear how you would calculate their pay during the furlough period. The government guidance published on 26 March 2020 states that furloughed employees have the same rights as they did previously. I think my children will struggle, particularly DD. furlough leave) at the same time. My office is open plan and there are about 700 people over 4 floors. The guidance doesn’t provide any more information about who this applies to but we assume this applies to furloughed employees who have not yet started their statutory leave. In general, you have the right to return to the same job on the same terms and conditions after your maternity leave. Until then it’s not clear what the rules are if you are asked to go back to work on reduced hours. This product is displayed based on comments within this post. So, while there may be a short term financial benefit for an employee who is only entitled to SMP in taking only 6 weeks’ maternity leave (so they can benefit from the higher rate of SMP payable in the first 6 weeks) and then being on furlough leave, the Coronavirus Job Retention Scheme is currently only due to run for three months. The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. For birth parents, the calculation period is the 8-week period (if the employee is paid weekly) or 2-month period (if the employee is paid monthly) leading up to the last payday in or before the 15th week before the expected week of childbirth. If you are a client and we have made a contract with you by electronic means, you may be entitled to use an EU Online Dispute Resolution Service to assist with any contractual dispute you may have with us. In our patient group we've only had 3 confirmed cases of corona, which came from outside of our team, and we've managed to keep it contained. Don’t forget getting advice from a Solicitor does not have to be complicated or costly! We have a fabulous team of enthusiastic, experienced professionals available to assist you in any way possible. Other schemes Employers should bear in mind the other assistance available. We recommend taking legal advice at the earliest opportunity. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances. Yes. If you have questions about how to maintain a healthy workplace, our infographic lays out the advice from the CDC.We’ve also created a return-to-work checklist and a guide to what you can ask your employees about their health that may help as you open back up. He called in to say he was returning and they said actually we don't have a job for you here anymore, return your keys. You need to bear in mind that you cannot insist on being placed on furlough as your employer may have work for you to do and, if you end your maternity leave early, once the furlough scheme ends and businesses return to normal you will be expected to return to work immediately. So far our team has handled the situation amazingly. Do you have worries/anxiety returning to work due to changes that have occurred? If you have any questions or concerns about the proposed changes or any issues in your business please do get in touch with Miranda directly! 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