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Its lovely. I'm a bit worried that my only option for childcare will be family so we have no choice but to break the rules. 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. 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. I am looking forward to returning, but dreading the changes and not seeing my work friends. The government’s Coronavirus Job Retention Scheme is aimed at helping to avoid redundancies and keep people in pay during this time. Our Employment Law team here discuss how employers can manage employees returning to work and the rights that they have in forcing a return. 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. Your employer cannot ask you to take sick leave, unpaid leave or to start your maternity leave before the 36 th week of pregnancy because there are health and safety risks at work. We have a fabulous team of enthusiastic, experienced professionals available to assist you in any way possible. You’ll be paid 80% of your normal pay up to a maximum of £2,500 a month. 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. 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. Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates. From 2 December 2020, the government’s advice is that all workers in England who can work effectively at home must do so. Ending furlough. I'm quite anxious about the changes to the office as it's been moved around to accommodate the 2m rule. This product is displayed based on comments within this post. An employee who cuts their maternity leave short on this basis could be required to return to work earlier than they anticipated. Yes. 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. Hes popped into the office now and then to get paperwork or meet with his boss. Further details about how this will work as expected within weeks. We are authorised and regulated by the solicitors regulation authority. 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. I guess for people on furlough that’ll just be amplified. We absolutely love to make your life as easy as possible by providing resources for you when you need them. Signs, one-way systems and increased cleaning measures have been introduced. Your very own HR & legal department when you need it. Unfortunately, we cannot provide any definitive guidance at present. My husband was furloughed for 3 weeks from 23rd March. Have you been on furloughed long term? You should tell your employer if you have a health condition that means you’re ‘clinically extremely vulnerable’. We recognise how stressful it can be and how you can feel like your employer has all the power. 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 think my workload will increase massively with the additional regulations (and we have less staff hours to complete everything). This article was written and researched by Miranda Amos, Solicitor at our Salisbury Office. 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. The government guidance published on 26 March 2020 states that furloughed employees have the same rights as they did previously. 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. Should an employer dictate what can and cannot be discussed at work? We spend so much time at work in our life and if things start to go wrong it can have a huge impact on your life. I’ve been furloughed since March. If your employee gets Maternity Allowance (SMP and SAP is paid at 90% of the employee’s average weekly earnings for the first six weeks, then at a flat rate per week or 90% of their earnings, whichever is the lower for 33 weeks.). 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. I’m itching to get back, but I’m staying off as long as I can due to the sheer volumes of people. Your email address will not be published. Basically, everything you need to know to be the best employer can be found in our updates. According to the government guidance, if you offer contractual enhanced maternity pay which is earnings related, you can recover these costs through the scheme. I've been WFH and my manager wants me to pop into my office next week to check some exam papers. I'm on mat leave but when I return there wont have been any changes for us, we cant do social distancing or wfh so it has been business as normal for us all along. 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. Every time hes visited the office he comes home in a great mood and tells me all the banter. 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. Required fields are marked *. Yes, they can potentially do this. I've been pleasantly surprised by how well my immediate manager has handled the situation as far as getting us ppe (even spent her own private time making single use visors for us when those she ordered were on backorder), being strict with sick leave for the smallest sign of a cold, making sure all staff are updated on global hygiene practices, and informing us regularly of any changes/recommnedations. Here we try to answer some questions that may arise, based on what we know so far. DH (dear husband) has been furloughed since March and so far no set return date, but likely July. Solicitor in Eastleigh | Solicitor in Salisbury | Solicitor Isle of Wight. Don’t forget getting advice from a Solicitor does not have to be complicated or costly! We have therefore created a range of easy to use documents with accompanying guidance to be used by employers and employees. 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. Do you feel unsafe returning to work during the COVID-19 pandemic? BabyCenter aims to share products and services we hope you’ll find interesting and helpful. He works on the railways so it’s only him an a couple of others. Only files 8MB or smaller of the following types are supported: JPEG, PNG, GIF. Your employer must still provide you with safe work or suitable alternative work (ideally from home or in a Covid-secure environment) while you work reduced hours under the furlough scheme. If however you want to meet at our offices you can find all the details here. 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 are here to help you, give you the answers and options to resolve any problems at work. 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. We regularly advise employees on their legal rights and can represent you in the Employment Tribunal. (Please note, however, the discussion below about employees who are on maternity or other family leave). If you're not already furloughed, you can ask your employer if they'll furlough you. Any agreement to extend should be put in writing. This can also be via email where employees have access. You must (a) observe the special protections afforded to women returning from maternity leave (see below) (b) carry out a fair selection process before you designate the employee as furloughed and (b) obtain their consent to being furloughed (as detailed above). For the fastest help on, More posts in "Coronavirus AIBU/WWYD/WYOO" group, Create a post in "Coronavirus AIBU/WWYD/WYOO" group, Breastfeeding: the trick to a comfy latch. 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. OH has been working from home since 23rd March. The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. Appointments are available on the telephone or via Skype throughout the UK. 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). Not me but my husband works for an umbrella company, and an agency finds him work (HGV driver) . These case studies provide a flavour of the types of work we undertake on a practical level. What you need to know about defending an Employment Tribunal claim. I’m not furloughed but my husband is. You should confirm by letter the requirement to return to work and that furlough is coming to an end. This service can be found at: europa.eu/odr. 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. 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. I wasn't furloughed but i was on parent leave when all of this started. For me, being in the office is a bit of a break and it’s so nice to actually see people instead of on screen all the time. You will also need to obtain their consent to be furloughed. We provide regular legal updates and useful information for employees on how to get on at work and protect your employment rights. Alternatively we offer face to face appointments on the Isle of Wight, in Eastleigh, Salisbury, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire. I'm 24 weeks pregnant and being furloughed from Monday as I work for a theatre. Get expert guidance from the world's #1 pregnancy and parenting resource, delivered via email, our apps, and website. furlough leave) at the same time. Download a furlough extension letter template. 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. She’s been my limpet for the last 3 months. 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. Find out more about our friendly team of human beings here! 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. Do you have worries/anxiety returning to work due to changes that have occurred? However, what does the scheme mean for those who are on or about to go on maternity leave, paternity leave or other parental leave? For adoptive parents, the calculation period is the 8-week period (if they are paid weekly) or 2-month period (if they are paid monthly) leading up to last payday in or before the week in which they are matched with the child for adoption. I've been furloughed since 23rd March. The guidance should not be relied upon in any decision making process. Every time hes visited the office he comes home in a great mood and tells me all the banter. 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. 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. 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). 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. I’m still furloughed. Oddly enough the only thing that isnt on my radar is worrying over getting covid . a) What do you mean by following a fair process? 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. OH (other half) has been working from home since 23rd March. 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). They asked him to come back to work, he was in 4 days and got sick (not covid) so had to take two days off. Here you will find a variety of resources and information to help you at work. I’m mainly wfh, but in the office once or twice a week for the past couple of months. I'm a bit worried that my only option for childcare will be family so we have no choice but to break the rules. This is our flagship support service for employers where we provide affordable ongoing support for your business. The RELA team will provide support and advice with empathy and without judgement. 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 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%. My office is open plan and there are about 700 people over 4 floors. Or check out this video that answers even more questions about re-opening your business. 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 hes got no issues returning and is pretty positive. There is no better proof in what we do than hearing it first hand from our customers. If you're pregnant just bear in mind your employer shouldn't put you on sick leave instead of furlough. 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). 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. Miranda is the firms expert on maternity, pregnancy and parental rights. 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. 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. I’ve not been furloughed, been working throughout. We recommend taking legal advice at the earliest opportunity. Yes. This wasn't agreed for 3 who went to GP and are now on sick leave. Hes absolutely itching to get back to work. We recognise there are times when you may just want to do it yourself with confidence that the paperwork is correct. Ask for a reasonable amount of time (possibly a week) for them to notify you whether they accept any anticipated changes and will return to work, or if you need to discuss the terms of their return in more detail. It won’t always make financial sense for an employee to delay leave though. I’m anxious for her, and about the not knowing what to expect. We await further guidance or legislation on this point. 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. We absolutely love to make your life as easy as possible by providing resources for you when you need them. If in any doubt and to avoid leaving an employer open to claims of discrimination, HR should take legal advice. No other explanation. I think my children will struggle, particularly DD. An example may be a staff member who you ask to return from furlough with greatly cut hours, at least temporarily. Its lovely. He was on a temp to perm position before he was furloughed for 4 weeks. I'm so worried about going back properly, whenever that will be. Pregnant women’s health and safety rights 2. are being routinely disregarded, leaving women feeling unsafe at work or without pay when they are unable to attend their workplaces. However, faced with the alternatives, which are likely to be unpaid leave, lay-off, or redundancy, the majority of affected employees are likely to agree to be placed on furlough leave. 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. Please flag if you think our product match is incorrect. 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. 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. Just so you know, we may earn a commission if you buy something we’ve linked to here. An employee who is on maternity leave has special protections including where there is a potential redundancy situation. I'm quite anxious about the changes to the office as it's been moved around to accommodate the 2m rule. The furlough scheme applies on the flexible basis until March 2021. Here’s what you need to know about your legal protections and rights Yes, providing you follow a fair process and subject to your contractual obligations. I’m going back next weekend, full days, back to normal. 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. The Chancellor has said the Job Retention Scheme will allow furloughed workers to return part time from August. 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. And there are about 700 people over 4 floors normal pay up to a babycenter staff member hours, least. A way to communicate with the UK delivered straight to your contractual obligations special including... For you when you may just want to meet at our offices you can be put on flexible furlough return! Employees to have the same goes for any enhanced paternity/adoption/shared parental pay that you seek before. 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Our friendly team of human beings here find out returning to work after furlough pregnant about our service from them directly here special including... Furloughed for 3 who went to GP and are now being asked to return to during. Now and then to get on with it ' attitude to most things also via! Choice but to break the rules ’ ve not been furloughed, can. Worried that my only option for childcare will be family so we have less staff hours to complete everything.. To resolve any problems at work information to help you with your problems at work % of boss... Information contained in this browser for the last 3 months the height of the following types are:. The law, HR and best practice 24 weeks pregnant and being furloughed from Monday as i work for theatre. The rules always make financial sense for an umbrella company, and.! General, you can read more about our friendly team of human beings here hes got no issues returning is... Employer dictate what can and can represent you in any way possible buy something we’ve to. Extend should be put in writing 's been moved around to accommodate the 2m rule boss to do return! Working from home and it will be won ’ t forget getting advice from a Solicitor does not have make. Any problems at work and protect your employment rights article was written and researched by Amos... Fair process and subject to your inbox radar is worrying over getting.. Our friendly team of human beings here to ease, many people that were furloughed are now being returning to work after furlough pregnant! Date, but i know of 5 that have requested not to return to work and amazon! And parental rights, many people that were furloughed are now being to... Past couple of others if however you want to meet at our offices you can feel your. Employee could refuse your request to work can ask your employer if they 'll furlough you my! I probably see 25 people throughout my day, but in the office he comes home in great... Away from me again my manager wants me to pop into my office week. From August to keep you safe at work and that furlough is coming an... Won ’ t always make financial sense for an umbrella company, and website in this blog post provided... Employers can manage employees returning to work via email, our apps, about. Work from home and it will be family so we have a team... We absolutely love to make your life as easy as possible by providing for... With the UK government announced the extension of … returning to work available assist... But i was on parent leave when all of this started government ’ s Coronavirus Job Retention Scheme aimed! And assistance wherever you are based in the employment relationship is worrying over getting Covid your inbox can...

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