March - April Mag Issue 24 FINAL - Page 25



Question
Answer
Question
Answer
7. OTHER LEAVE
Can employees who
are off on any other leave
e.g. maternity leave or
paternity leave etc be
made furloughed
workers?
No. For employees on maternity
leave the normal rules apply. If
you offer enhanced (earnings
related) contractual pay to women
on Maternity Leave, this is
included as wage costs that you
can claim through the scheme.
The same principles apply where
your employee qualifies for
contractual adoption, paternity or
shared parental pay.
11. WORKING WHILE
FURLOUGHED
Can employees
intermittently be
furloughed, punctuated
by periods of paid
holiday or working?
Each claim covers specific
employees therefore you may
be able to bring them back into
work for the following period to
undertake paid work. It should
be noted that employees will
continue to accrue annual leave
whilst furloughed so you wouldn’t
change an employee’s status
from furlough due to holiday.
8. Will other periods of
authorised absence be
suspended during this
time e.g. maternity
leave?
Furlough is a temporary layoff
and in this case the government
have undertaken to pay up to
80% of salary as a mechanism
to prevent mass unemployment
where an employee may be
expected to resume work again
in the future. It will not replace
other schemes such as Maternity
leave which will remain in place.
Most of the SMP can already be
recovered by employers.
12. WORKING WHILE
FURLOUGHED
Can furloughed workers
be rotated back into the
business?
As it is a separate claim for each
period furloughed workers can
be brought back into work on
a gradual basis as required by
the business recovery within the
time parameters of the scheme
(currently 3 months to end May
2020). Unless the government
elect to extend the scheme,
other action may need to be
considered beyond the initial
term.
9. WORKING WHILE
FURLOUGHED
Can we furlough workers
on a rolling basis?
You can furlough additional
workers during the period the
scheme is in operation in line with
business requirements subject to
the minimum claim periods (three
weeks).
13. WORKING WHILE
FURLOUGHED
Can furloughed workers
undertake ad hoc work
for the business?
10. WORKING WHILE
FURLOUGHED
Can employees
work for other
employers whilst
furloughed e.g.
supermarkets, NHS?
Furloughed employees cannot
work for you during this period,
training is permitted providing
the employee does not provide
services to or generate
revenue for the employer whilst
undertaking it. Their NI number
will be supplied to HMRC, this is
a unique identifier so unless their
work was voluntary and unpaid,
they are not able to work for your
organisation. They still remain
your employees.
Furloughed workers are not
allowed, to undertake any work
for the business. The rules are
slightly different for Directors
who can undertake statutory
obligations of the business under
the Companies Act 2006.
The BCC has asked the
government for more flexibility in
the scheme.
14. ANNUAL LEAVE
Will employees continue
to accrue annual leave
while furloughed?
Holiday leave will continue to be
accrued during the furloughed
period.
15. ANNUAL LEAVE
How will holiday
entitlement and pay be
treated during the
furlough period?
Whilst an employee is
furloughed, no other payments,
such as holiday pay should be
made. The employee is in effect
temporarily ‘laid off’ as opposed
to permanently laid off.
16. ANNUAL LEAVE
Do we need to pay-up
all accrued but unused
holiday to the point of
furlough?
No. This is not necessary as
holiday leave will continue to
accrue whilst they are furloughed
17. ANNUAL LEAVE
Should I ask employees
to take annual leave
before furloughing?
This is a matter for each
business to consider. The
purpose of furloughing is to
prevent unemployment and to
ease financial pressures on a
business in order that it can
survive a temporary downturn in
business. Asking an employee
to take leave will result in the
company continuing to pay the
employee which in the current
climate may not be an attractive
proposition.
However, if an employee has
more than one employer (multiple
jobs), provided it is permitted
within your employment contract,
they can continue to work for
one employer and be furloughed
by another. If that employer
subsequently decides to furlough
the same rules apply and they
can receive 80% of their salary
from that employer. The 80% of
salary or £2,500 cap applies to
each job.
Additionally, if your contracts of
employment allows, an employee
can work for another employee
whilst furloughed.
25





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