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. Hes absolutely itching to get back to work. 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. Yes – eligibility for and the amount of statutory pay for that family leave may be based upon their temporarily reduced rate of pay depending on the timing. Don’t forget getting advice from a Solicitor does not have to be complicated or costly! Get the latest legal updates about employment law in the UK delivered straight to your inbox. I’m going back next weekend, full days, back to normal. There is no better proof in what we do than hearing it first hand from our customers. I’m nervous about going back as there will be a lot of people in and out (I work on dining area in McDonalds). 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. The RELA team will provide support and advice with empathy and without judgement. I am worried about how my LO (little one) will adjust to being away from me again. 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. Not me but my husband works for an umbrella company, and an agency finds him work (HGV driver) . You’ll be paid 80% of your normal pay up to a maximum of £2,500 a month. Further details about how this will work as expected within weeks. You should confirm by letter the requirement to return to work and that furlough is coming to an end. 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. The furlough scheme applies on the flexible basis until March 2021. DH (dear husband) has been furloughed since March and so far no set return date, but likely July. 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. 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. Hes absolutely itching to get back to work. Any agreement to extend should be put in writing. 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). 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. Hes popped into the office now and then to get paperwork or meet with his boss. 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! You are passing a message to a BabyCenter staff member. UNISON is working proactively with the UK governments and other bodies to keep you safe at work. So far tho it’s been ok. I've been furloughed since 23rd March. Or check out this video that answers even more questions about re-opening your business. 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. 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. Please flag if you think our product match is incorrect. According to the government guidance, if you offer contractual enhanced maternity pay which is earnings related, you can recover these costs through the scheme. We recognise how stressful it can be and how you can feel like your employer has all the power. 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. As specialists in employment law you can be assured that we have the experience to help you with your problems at work. I’ve not been furloughed, been working throughout. I'm quite anxious about the changes to the office as it's been moved around to accommodate the 2m rule. I think that’s a really good idea of your boss to do phased return. Currently there’s about 10 people on my floor and I probably see 25 people throughout my day. 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. 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%. Until then it’s not clear what the rules are if you are asked to go back to work on reduced hours. 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. However it is not clear how you would calculate their pay during the furlough period. Yes. Yes, as long as you as long as you extend this invitation to all affected employees. I’m still furloughed. I guess for people on furlough that’ll just be amplified. 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. 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. 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). Should an employer dictate what can and cannot be discussed at work? We recommend taking legal advice at the earliest opportunity. BabyCenter aims to share products and services we hope you’ll find interesting and helpful. I've been furloughed since 23rd March. 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. 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. 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. I think my children will struggle, particularly DD. 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. We regularly advise employees on their legal rights and can represent you in the Employment Tribunal. We will share with you vital updates on the law, HR and best practice. 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. It won’t always make financial sense for an employee to delay leave though. This can also be via email where employees have access. The Chancellor has said the Job Retention Scheme will allow furloughed workers to return part time from August. It's a good idea to make sure staff have a way to communicate with the employer and other people they work with. Firm number: 628713   |   VAT Number: 23 92251 13, 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. 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. I'm so worried about going back properly, whenever that will be. So far our team has handled the situation amazingly. 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. These case studies provide a flavour of the types of work we undertake on a practical level. We are authorised and regulated by the solicitors regulation authority. I’m itching to get back, but I’m staying off as long as I can due to the sheer volumes of people. An employee who is on maternity leave has special protections including where there is a potential redundancy situation. I started back at work about a month ago. The UK government announced the extension of … I've ordered some masks but they won't arrive until late next week so I'm going to have to make one. Among the information employers may consider including in the return-to-work notice include the date the employee is expected to return to work, any special return-to-work instructions (such as revised policies that employees will need to acknowledge), notification of any changes to wages, hours, or deductions from pay, and the steps taken to ensure the workplace is safe for employee reentry. Ending furlough. Also, as furlough is now available until 31 October 2020, it’s possible that you may want to rotate staff between work and furlough (subject to the minimum three-week period). 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. Its lovely. 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. Having made the decision to end furlough, an employee could refuse your request to work. I’m mainly wfh, but in the office once or twice a week for the past couple of months. Your very own HR & legal department when you need it. We found it difficult to decide wether he was ok going back as it was the height of the pandemic. 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. Every time hes visited the office he comes home in a great mood and tells me all the banter. We are here to help you, give you the answers and options to resolve any problems at work. 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. From Saturday 4 July, people can meet indoors in family gatherings involving two households, but they are expected to socially distance from … Yes. 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. Advice for employers on bringing employees back to work As the lockdown restrictions start to ease and more businesses are starting to think about returning to work, employers are beginning to consider what they need to do to get staff back to work… 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. Alternatively we offer face to face appointments on the Isle of Wight, in Eastleigh, Salisbury, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire. Basically, everything you need to know to be the best employer can be found in our updates. 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. 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. Refusing to return. Here you will find a variety of resources and information to help you at work. This wasn't agreed for 3 who went to GP and are now on sick leave. “The termination of the furlough agreement and when an employee will be expected to return to work will depend on the provisions of the agreement,” says Gingell. 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. I am looking forward to returning, but dreading the changes and not seeing my work friends. Other schemes Employers should bear in mind the other assistance available. If you're pregnant just bear in mind your employer shouldn't put you on sick leave instead of furlough. If in any doubt and to avoid leaving an employer open to claims of discrimination, HR should take legal advice. 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. No other explanation. So far hes got no issues returning and is pretty positive. 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 await further guidance or legislation on this point. OH has been working from home since 23rd March. Again, though, even if … If however you want to meet at our offices you can find all the details here. I am worried about how my LO will adjust to being away from me again. 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. 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. I'm quite anxious about the changes to the office as it's been moved around to accommodate the 2m rule. BabyCentre may earn a commission from shopping links. I'm 24 weeks pregnant and being furloughed from Monday as I work for a theatre. Unfortunately, we cannot provide any definitive guidance at present. It is strongly recommended that you seek advice before taking action. Required fields are marked *. 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