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I think my children will struggle, particularly DD. I totally get why people would be worried about it being different. Download a furlough extension letter template. We do not know, however, if this applies to employees who are already on statutory maternity, adoption, paternity or shared parental leave and in receipt of contractual enhanced pay – because this seems contrary to normal employment law principles that an employee cannot be on maternity leave and another type of statutory leave (i.e. An employee who cuts their maternity leave short on this basis could be required to return to work earlier than they anticipated. UNISON is working proactively with the UK governments and other bodies to keep you safe at work. If the worker is expected to return to work on a part time basis initially, so as to continue to benefit from the furlough grant in between August and October (or any other extended period) then, subject to the … To minimise the risk of discrimination, we recommend you follow a similar process to one you would follow if it were a redundancy situation (although if you need to urgently furlough employees or make them redundant in order to continue to trade, a limited selection procedure is likely to be acceptable). I haven't been furloughed at all, but I know of 5 that have requested not to return yet and remain furloughed. You need to bear in mind that 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. Our statsdel (city district) has the lowest covid-19 rate of any other district due to the way it's been handled. Even just having that structure again of being up and in at set times, sorting out the kids alongside - although I think routine will be helpful after the first tiring week or two. 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. Any agreement to extend should be put in writing. She’s been my limpet for the last 3 months. Yes, they can potentially do this. 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. This wasn't agreed for 3 who went to GP and are now on sick leave. I've been furloughed since 23rd March. The government guidance published on 26 March 2020 states that furloughed employees have the same rights as they did previously. Appointments are available on the telephone or via Skype throughout the UK. An employee is contractually obliged to return to work following furlough, although any dismissal or disciplinary action taken against an employee with legitimate health and safety concerns could potentially amount to unfair dismissal, an unlawful detriment or even unlawful discrimination. I’m not furloughed but my husband is. I’m anxious for her, and about the not knowing what to expect. So far our team has handled the situation amazingly. 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. The same goes for any enhanced paternity/adoption/shared parental pay that you are contractually bound to pay your employees. Yes, providing you follow a fair process and subject to your contractual obligations. It is strongly recommended that you seek advice before taking action. You can read more about our service from them directly here. I’ve been furloughed since March. The Chancellor has said the Job Retention Scheme will allow furloughed workers to return part time from August. Yes. If you're pregnant just bear in mind your employer shouldn't put you on sick leave instead of furlough. Just so you know, we may earn a commission if you buy something we’ve linked to here. Do you have worries/anxiety returning to work due to changes that have occurred? The team at Real Employment Law Advice are highly experienced employment solicitors who advise on all aspects of employment law including family leave and parental rights. From 2 December 2020, the government’s advice is that all workers in England who can work effectively at home must do so. Every time hes visited the office he comes home in a great mood and tells me all the banter. In general, you have the right to return to the same job on the same terms and conditions after your maternity leave. OH (other half) has been working from home since 23rd March. You’ll be paid 80% of your normal pay up to a maximum of £2,500 a month. Hes popped into the office now and then to get paperwork or meet with his boss. We found it difficult to decide wether he was ok going back as it was the height of the pandemic. You have to be mindful in this situation, when deciding who to designate as furloughed, of the risk of discrimination if selection is linked to any protected characteristic. We have a fabulous team of enthusiastic, experienced professionals available to assist you in any way possible. 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. I am looking forward to returning, but dreading the changes and not seeing my work friends. Miranda advises clients across Hampshire, Wiltshire and Nationwide. As a family though we do have a 'lets just get on with it' attitude to most things. Please flag if you think our product match is incorrect. Only files 8MB or smaller of the following types are supported: JPEG, PNG, GIF. No other explanation. I was quite anxious because I work in the public sector (community nurse for the local authority) and my employer is not well known for protecting employees or putting our wellbeing before budget. Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates. Your very own HR & legal department when you need it. The government’s Coronavirus Job Retention Scheme is aimed at helping to avoid redundancies and keep people in pay during this time. Its lovely. I'm quite anxious about the changes to the office as it's been moved around to accommodate the 2m rule. This will include the return date, any changes to pay (typically returning to normal remuneration as before furlough) and any other considerations or logistics associated with physically returning to work. You should confirm by letter the requirement to return to work and that furlough is coming to an end. A fair selection process is important where you have more than one employee carrying out the work that has reduced and you have enough work for some, but not enough for all the employees. 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. We have therefore created a range of easy to use documents with accompanying guidance to be used by employers and employees. I’m mainly wfh, but in the office once or twice a week for the past couple of months. 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. The furlough scheme applies on the flexible basis until March 2021. Get the latest legal updates about employment law in the UK delivered straight to your inbox. I was concerned about whether my maternity pay would be affected, as I am due to get 90% of my pay for 3 months, so wondered whether it would now be 90%of 80%. Alternatively we offer face to face appointments on the Isle of Wight, in Eastleigh, Salisbury, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire. 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. 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). 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! Currently there’s about 10 people on my floor and I probably see 25 people throughout my day. We recognise there are times when you may just want to do it yourself with confidence that the paperwork is correct. 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. Once you have identified who to designated as furloughed, you will need to contact the employee and tell them of your proposal and discuss your reasons for selecting them. If in any doubt and to avoid leaving an employer open to claims of discrimination, HR should take legal advice. These case studies provide a flavour of the types of work we undertake on a practical level. I don't really want to but feel I can't refuse, I have no good reason as I'm dropping DD (dear daughter) off to nursery which is on the college site. We will share with you vital updates on the law, HR and best practice. So, if, as a result of the furlough, an employee’s average earnings in the “calculation period” fall below the earnings threshold of £118 week (£120 from 6 April 2020) they will not be eligible for SMP/SAP/SPP/ShPP. We recognise how stressful it can be and how you can feel like your employer has all the power. 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. This product is displayed based on comments within this post. 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. 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. 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. I'm a bit worried that my only option for childcare will be family so we have no choice but to break the rules. I'm so worried about going back properly, whenever that will be. One in four pregnant women and new mums in our survey have experienced unfair treatment or discrimination at work including being singled out for redundancy or furlough. The UK government announced the extension of … 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. 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. Hes popped into the office now and then to get paperwork or meet with his boss. Solicitor in Eastleigh | Solicitor in Salisbury | Solicitor Isle of Wight. You should tell your employer if you have a health condition that means you’re ‘clinically extremely vulnerable’. 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. It won’t always make financial sense for an employee to delay leave though. He works on the railways so it’s only him an a couple of others. 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. You will not be able to furlough them until the end of the 8 weeks, or the date that you have agreed they can return to work. Here you will find a variety of resources and information to help you at work. I am worried about how my LO (little one) will adjust to being away from me again. 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