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I’m nervous about going back as there will be a lot of people in and out (I work on dining area in McDonalds). Our main message is still work from home and it will be this for some time. 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. We absolutely love to make your life as easy as possible by providing resources for you when you need them. Get expert guidance from the world's #1 pregnancy and parenting resource, delivered via email, our apps, and website. He works on the railways so it’s only him an a couple of others. As a family though we do have a 'lets just get on with it' attitude to most things. Only files 8MB or smaller of the following types are supported: JPEG, PNG, GIF. 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). You should tell your employer if you have a health condition that means you’re ‘clinically extremely vulnerable’. 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. This service can be found at: Can you require employees to have the Covid vaccine? I’m anxious for her, and about the not knowing what to expect. 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. 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. The guidance should not be relied upon in any decision making process. 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 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. 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. 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. 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. (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.). I’ve been furloughed since March. It won’t always make financial sense for an employee to delay leave though. 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. The same goes for any enhanced paternity/adoption/shared parental pay that you are contractually bound to pay your employees. 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. Further details about how this will work as expected within weeks. 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). He was on a temp to perm position before he was furloughed for 4 weeks. I’m going back next weekend, full days, back to normal. furlough leave) at the same time. I wasn't furloughed but i was on parent leave when all of this started. We are here to help you, give you the answers and options to resolve any problems at work. Save my name, email, and website in this browser for the next time I comment. Yes, providing you follow a fair process and subject to your contractual obligations. 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. 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. 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. 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. 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). 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 think my workload will increase massively with the additional regulations (and we have less staff hours to complete everything). 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. Required fields are marked *. 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. 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… I am worried about how my LO will adjust to being away from me again. Your email address will not be published. Ending furlough. We recommend taking legal advice at the earliest opportunity. 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. I think my children will struggle, particularly DD. You are passing a message to a BabyCenter staff member. The furlough scheme applies on the flexible basis until March 2021. You’ll be paid 80% of your normal pay up to a maximum of £2,500 a month. So far tho it’s been ok. This article was written and researched by Miranda Amos, Solicitor at our Salisbury Office. 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. Currently there’s about 10 people on my floor and I probably see 25 people throughout my day. 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. Your email address will not be published. Should an employer dictate what can and cannot be discussed at work? The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. Our Employment Law team here discuss how employers can manage employees returning to work and the rights that they have in forcing a return. 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. An example may be a staff member who you ask to return from furlough with greatly cut hours, at least temporarily. Remember to include any employees who may be on maternity leave or other family leave in your pool. “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. Unfortunately, we cannot provide any definitive guidance at present. 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. Yes, they can potentially do this. 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. (Please note, however, the discussion below about employees who are on maternity or other family leave). I think that’s a really good idea of your boss to do phased return. Signs, one-way systems and increased cleaning measures have been introduced. 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 totally get why people would be worried about it being different. Other schemes Employers should bear in mind the other assistance available. Hes absolutely itching to get back to work. 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. OH (other half) has been working from home since 23rd March. Do you have worries/anxiety returning to work due to changes that have occurred? We will share with you vital updates on the law, HR and best practice. 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. Not me but my husband works for an umbrella company, and an agency finds him work (HGV driver) . 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 government guidance published on 26 March 2020 states that furloughed employees have the same rights as they did previously. We absolutely love to make your life as easy as possible by providing resources for you when you need them. We regularly advise employees on their legal rights and can represent you in the Employment Tribunal. It’s going to be exhausting getting used to it all. 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. Appointments are available on the telephone or via Skype throughout the UK. It is strongly recommended that you seek advice before taking action. 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. If however you want to meet at our offices you can find all the details here. You can read more about our service from them directly here. BabyCentre may earn a commission from shopping links. My office is open plan and there are about 700 people over 4 floors. We recognise there are times when you may just want to do it yourself with confidence that the paperwork is correct. Or check out this video that answers even more questions about re-opening your business. OH has been working from home since 23rd March. 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. This is our flagship support service for employers where we provide affordable ongoing support for your business. For further guidance, Maternity Action is also a good source of advice. Yes. If your employee gets Maternity Allowance 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. 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. I'm quite anxious about the changes to the office as it's been moved around to accommodate the 2m rule. From Saturday 4 July, people can meet indoors in family gatherings involving two households, but they are expected to socially distance from … We recognise how stressful it can be and how you can feel like your employer has all the power. 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. Get the latest legal updates about employment law in the UK delivered straight to your inbox. No other explanation. The Chancellor has said the Job Retention Scheme will allow furloughed workers to return part time from August. I'm 24 weeks pregnant and being furloughed from Monday as I work for a theatre. UNISON is working proactively with the UK governments and other bodies to keep you safe at work. I’m mainly wfh, but in the office once or twice a week for the past couple of months. I’m still furloughed. If you're not already furloughed, you can ask your employer if they'll furlough you. I started back at work about a month ago. Basically, everything you need to know to be the best employer can be found in our updates. 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 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. You should confirm by letter the requirement to return to work and that furlough is coming to an end. 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've ordered some masks but they won't arrive until late next week so I'm going to have to make one. However it is not clear how you would calculate their pay during the furlough period. In general, you have the right to return to the same job on the same terms and conditions after your maternity leave. After having a baby, a new mom's return-to-work date might loom large on the horizon, for both her and her employer. Furlough leave will not affect the two-week compulsory maternity period. 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 feel unsafe returning to work during the COVID-19 pandemic? 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. Yes. I've been furloughed since 23rd March. Don’t forget getting advice from a Solicitor does not have to be complicated or costly! Employers should regularly review furlough agreements to see if staff can be put on flexible furlough or return to work full time. Any agreement to extend should be put in writing. Its lovely. We await further guidance or legislation on this point. Miranda is the firms expert on maternity, pregnancy and parental rights. 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. Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates. She’s been my limpet for the last 3 months. 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). 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. Your very own HR & legal department when you need it. Its lovely. Here we try to answer some questions that may arise, based on what we know so far. It's a good idea to make sure staff have a way to communicate with the employer and other people they work with. This service can be found at: europa.eu/odr. Likely til July. Refusing to return. 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. What you need to know about defending an Employment Tribunal claim. Returning to work. The RELA team will provide support and advice with empathy and without judgement. And it will take some getting used to, but I’ve loved going in and it’s been great for my mental health. 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. 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. Hes absolutely itching to get back to work. 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 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. Here’s what you need to know about your legal protections and rights Basically, everything you need to know about defending an employment Tribunal claim limpet for the past couple of.. N'T arrive until late next week so i 'm a bit worried that only! Can be extended by going through the process of putting someone on that! I comment check out this video that answers even more questions about re-opening your business how will! 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