Teesdale Business Park googletag.cmd = googletag.cmd || []; If the employee only receives statutory maternity pay (SMP) then she must not be furloughed because the employer can already claim this back from the government. ARTICLE BY: Viola Lloyd | Published: 23 June 2008. var googletag = googletag || {}; Log In Sign Up. If you require advice on furlough or have queries on how to manage your staff during the pandemic, our. Do I have to give 8 weeks’ notice to return to work early from maternity leave in order be placed on … googletag.cmd.push(function() { xxx. Pregnant women and new mothers are entitled to take up to 52 weeks of Maternity Leave. googletag.cmd = googletag.cmd || []; Teesside You will get what you would have received if you had not been placed on furlough. The Maternity Allowance, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay (Normal Weekly Earnings etc.) (Coronavirus) (Amendment) Regulations 2020 came into force on 25 April 2020. If you disable this cookie, we will not be able to save your preferences. Furloughed employees continue to accrue leave entitlement as per their employment contract and holiday law employment rights. googletag.enableServices(); }); We interview Melanie Tansey, Group HR Director - Hachette UK. If you are starting your maternity leave on or after 25th April 2020, the Department for Work and Pensions must use your normal earnings when working out your Maternity Allowance, not your furlough pay. fioney25 Tue 24-Mar-20 13:53:51. Close. For those … St Mark's Court Employees who are clinically extremely vulnerable: The guidance on clinically extremely vulnerable people was also updated yesterday. For SMP purposes, the relevant period ends with the last normal payday on or before the end of the 15th week before the expected week of childbirth (which is known as the “qualifying week”) and begins after the last normal payday at least eight weeks earlier. Buy this issue now, click here. You cannot receive furlough pay at the same time if you’re getting maternity allowance. Will this affect my Maternity Allowance? googletag.defineSlot('/21798641100/ArticleAd', [300, 250], 'div-gpt-ad-1553701159481-0').addService(googletag.pubads()); Registered in England and Wales. I probably would have planned to start maternity leave the middle of July. During the flurry of furlough, we had several queries from our clients in respect of how to calculate statutory maternity pay (SMP) for employees who were on maternity leave but had been furloughed. The Maternity Allowance, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay (Normal Weekly Earnings etc.) Press question mark to learn the rest of the keyboard shortcuts. LID Publishing talks to author Bill Cohen about his latest book on Peter Drucker’s consulting principles. Statutory Maternity Pay (SMP) is paid for up to 39 weeks. If an employee is getting Maternity Allowance while they’re on maternity leave, they should not get furlough pay at the same time. Is there any advice on if I am still entitled to maternity pay after being furloughed, what way are your place of works doing it for you? Maternity Action outline on its website there is “no entitlement” to your full, usual salary while on maternity leave. The amendments ensure that an employee’s eligibility for family-related statutory pay and their earnings-related rate of SMP, MA or SAP is the same as it would have been had they not been furloughed. Statutory Maternity Pay, Maternity Allowance, Statutory Adoption Pay, Statutory Paternity Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay to ensure that the treatment of furloughed employees is consistent across all family-related payments. googletag.defineSlot('/21798641100/Sidebar1', [[300, 250], [300, 600]], 'div-gpt-ad-1552319515893-0').addService(googletag.pubads()); To access the Authority's rules, please go to http://www.rules.sra.org.uk. Other types of employees you can claim for . The Regulations apply where the first day of the period in which the relevant payment or allowance is payable is on or after 25 April 2020. 01454 292 069 [email protected], UK Subscriber Assistance T 01454 292 060 [email protected]. Makbool Javaid, Partner - Simons Muirhead & Burton, Maternity Allowance, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay (Normal Weekly Earnings etc.) googletag.pubads().enableSingleRequest(); Any workers who are planning to take paid parental or adoption leave will be entitled to pay calculated based on their normal earnings, as opposed to their pay during furlough. To be eligible for SMP or SAP, a person’s average weekly earnings must be at least equal to the Lower Earnings Limit (currently £120 per week) over a prescribed 8-week test period. Statutory Maternity Pay (SMP) is paid at 90 per cent of usual earnings for the first six weeks, and then £151.20 a week for 33 weeks. For women who qualify for Statutory Maternity Pay (SMP), this is … The purpose is to prevent an employee from experiencing disadvantage in relation to the aforementioned family-related statutory payments and Maternity Allowance as a result of their being placed on temporary leave under the Coronavirus Job Retention Scheme (CRJS). She … Press J to jump to the feed. Government guidance says that if you have been on maternity leave recently and you are moving onto furlough, your furlough pay should be based on your normal salary, not your SMP, Maternity Allowance or unpaid maternity leave. googletag.defineSlot('/21798641100/Sidebar2', [[300, 250], [300, 600]], 'div-gpt-ad-1552319564911-0').addService(googletag.pubads()); For periods of maternity leave beginning on or after 25 April 2020, if an employee was furloughed and on reduced wages during any part of the calculation period, their SMP should be calculated using the pay they would have earned had they not been furloughed. The first 26 weeks are known as Ordinary Maternity Leave, and the remaining 26 weeks are known as Additional Maternity Leave. Parental pay while on furlough to be calculated on usual earnings. This means that every time you visit this website you will need to enable or disable cookies again. Furloughed employees, intending to take paid parental or adoption leave, are entitled to statutory pay based on usual earnings. The amount you can get depends on your eligibility. For the first six weeks, you'll receive 90 per cent of your average weekly earnings before tax. Furlough Leave and ending family leave Usually, maternity leave entitles an employee to 52 weeks of leave. Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings. You can find out more about which cookies we are using or switch them off in our Cookie Policy. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. 0. TS17 6QW, © Copyright Endeavour Partnership, All Rights Reserved, Company Reg. Your employer may top this amount up to the normal level of your pay. (Coronavirus) (Amendment) Regulations 2020, Significant changes to job did not result in redundancy, Work should be done, where it produces the best outcome for all, Crisis Christmas: Employers need to step up support for employees this year, Best Employers in the UK – 2020 rankings released, Businesses risk losing top talent due to poor mental wellbeing support, How to make staff feel festive without the Christmas party, Payroll and Pensions (Employee Reward) Team Leader, 5 Mistakes to Avoid When Creating Schedules in Modern Workplace, Examining how technology can enable HR to thrive throughout the COVID-19 pandemic, Flexible resourcing looks to plug the IT skills gap, Adapt or fail – the future of the HR function, TALENT INTELLIGENCE IN A COMPETITIVE WORLD – Roundtable Report, Joanne Regan Iles, Executive HR Director EMEA , TTEC, Beware out of sight out of mind on homeworking employees. }); Significant changes to job did not result in redundancy Individuals that are working are entitled to NMW for the hours that they are working or treated as working under minimum wage rules. 27 April 2020. If an employee is eligible for Statutory Maternity Pay or Maternity Allowance, the normal rules apply, and they are entitled to claim up to 39 weeks of statutory maternity pay or allowance. Parents who are on statutory maternity and paternity leave due to return to work in the next few months will still be eligible for the furlough scheme after it otherwise closes to new entrants today (10 June). Wife on Maternity Allowance but the employer keeps paying her furlough. Using legislation is the only way to guarantee that the desired policy effect is realised. My work is currently closed down at the minute and we are all on furlough pay. Those who are on Statutory Maternity Pay are therefore entitled to 90 percent of their full pay for the first six weeks, rather than the same percentage of furloughed pay. Employees who are pregnant or are new mothers are entitled to take up to 52 weeks of leave, with the first six of those weeks being 90% of their full pay and the following 33 weeks being paid at the statutory rate of £151.20. Furloughed employees must have been on the payroll on or before 19 March 2020. googletag.pubads().enableSingleRequest(); In normal circumstances, entitlement to SMP and the rate at which it is payable depends on an employee’s “normal weekly earnings”, which are calculated as a weekly average of the employee’s total gross earnings during a reference period (the “relevant period”). VAT Number: 721 9055 48. If she does, then an employer can furlough her and claim back 80% of this enhancement. The Regulations make similar amendments in respect of maternity allowance, statutory paternity pay, and other rates of pay ensuring that those affected employees are not disadvantaged in relation to how their statutory pay is calculated as a result of being furloughed. 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