People Analytics We use this information to make the website work as well as possible and improve government services. 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. Health & Safety If she does, then an employer can furlough her and claim back 80% of this enhancement. 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. The answer for HR depends on whether the employee receives enhanced contractual maternity pay. 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. The changes will ensure those intending to take time off following the birth, adoption, or death of a child will not see their entitlement to pay affected as a result of being furloughed in the wake of the impacts of COVID-19. A person’s earnings over this period are also used to determine the earnings-related rate of SMP or SAP for the first 6 weeks. This is not quite right. 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 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. 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. After speaking to HR, I’m feeling pressured to apply for my maternity allowance ‘soon’! HR Systems Adoption Leave and Statutory Adoption Pay (SAP) are the same. My baby was due in May. There has been debate about the legitimacy of employers requiring employees to take annual leave while on furlough leave. Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. Employee Benefits Awards If you work more than 10 KIT days, your maternity leave and pay automatically end by law. Women were reporting that Acas were advising them to bring their maternity leave to an end if they wanted to be furloughed. Can I be made to take my mat leave early? ... For example, termination of employment on furlough can’t be due to maternity leave or due to a disability. I was just wondering how my furloughed pay will be worked out. 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? OH&W subscription terms. The first 26 weeks are known as Ordinary Maternity Leave, and the remaining 26 weeks are known as Additional Maternity Leave. The statutory instrument laid in Parliament today will ensure workers whose period of family-related pay begins on or after 25 April will be assessed on their usual, full pay. 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.” 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. All of these materials are regularly update… Entitlement to MA, and the rate payable, are determined by reference to 13-weeks earnings in a 66-week test period. We are supporting workers and businesses in a way never seen before, in response to the unprecedented effects of COVID-19. 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. IT finance analyst is awarded £4,000 in a case involving attitudes to sickness, workloads, mental health and pregnancy. 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. The days only count of you take them which I didn’t. I got on “intermittent” FMLA right away (Early April). It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. Performance & Engagement 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. 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. 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. I’m due end of September but have been put on furlough because of the current crisis. To do that, they need to give eight weeks’ notice. 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. 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 rate, the government announced today (24 April). I began maternity leave in December 2019 and planned to take the full year off, having saved like a demon to make this possible. While the scheme has been extended until October, the Government has confirmed parents on statutory maternity and paternity leave who return to work in the coming months after a long … The Coronavirus Job Retention Scheme rules are complicated enough, without the added layer of complexity surrounding maternity leave and new and expectant mothers’ rights. The earliest leave can be taken is up to 11 weeks before the expected week of birth, while the latest is from the date of birth itself. For further guidance, Maternity Action is also a good source of advice. Maternity and other forms of parental leave are pivotal times in people’s lives, and they should absolutely be protected from the impacts of COVID-19. Hi, I have been on maternity leave for 9 months and was due back to work next week. Holiday 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. 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”. Employees cannot demand it, as it is still entirely up to the employer, although normal rules of discrimination apply. I had the same challenge. If this is the assessment then they should be found alternative work. It may be discrimination to refuse furlough because a woman has taken maternity leave and maternity is also a statutory right. HR Business Partner All content is available under the Open Government Licence v3.0, except where otherwise stated, Department for Business, Energy & Industrial Strategy, Statutory Maternity Pay: employee circumstances that affect payment, Work out your employee's payments for Statutory Maternity Pay, Work out your employee's Statutory Sick Pay manually, Statutory Paternity Pay: employee circumstances that affect payment, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, Pay for furloughed workers taking family related leave is to be calculated based on usual earnings rather than furlough pay, full earnings will apply to Maternity Pay, Paternity Pay, Shared Parental Pay, Parental Bereavement Pay and Adoption Pay, ensures workers about to take family-related leave are not penalised by being furloughed. The plan is and always has been to have 4 weeks of annual leave, then start statutory maternity leave on 31st August. I’m in a similar position to you, having returned from maternity leave in September and receiving 3 months no pay and 2 months SMP April-September last year. 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! Furlough came out approx a week later. 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. Employee Benefits Live, • Occupational Health & Wellbeing We use cookies to collect information about how you use GOV.UK. 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