To access the Authority's rules, please go to http://www.rules.sra.org.uk. For the first six weeks, you'll receive 90 per cent of your average weekly earnings before tax. 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. 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. 27 April 2020. The first 26 weeks are known as Ordinary Maternity Leave, and the remaining 26 weeks are known as Additional Maternity Leave. If employers offer enhanced contractual pay for employees on maternity leave, this will be included as ‘wage costs’ that can be claimed for through the Scheme. var googletag = googletag || {}; Close. Employees who are clinically extremely vulnerable: The guidance on clinically extremely vulnerable people was also updated yesterday. This has included clarification in respect of the eligibility criteria for employees, union representatives on furlough, TUPE, company directors and maternity allowance. A huge well done to @AmyD_EP and Sophie Ryan on hand crafting 30 beautiful Christmas wreaths and raising £530 for o… https://t.co/SWdlOCnccb, Tobias House My work is currently closed down at the minute and we are all on furlough pay. User account menu. 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. }); We interview Melanie Tansey, Group HR Director - Hachette UK. Furlough Pay will … }); Publication New regulations came into force on 25 April 2020. Receive more HR related news and content with our monthly Enewsletter (Ebrief). (Coronavirus) (Amendment) Regulations 2020 came into force on 25 April 2020. Furloughed employees must have been on the payroll on or before 19 March 2020. If you disable this cookie, we will not be able to save your preferences. Pregnant women and new mothers are entitled to take up to 52 weeks of Maternity Leave. The amount you can get depends on your eligibility. VAT Number: 721 9055 48. She … Press J to jump to the feed. Individuals that are working are entitled to NMW for the hours that they are working or treated as working under minimum wage rules. This website uses cookies so that we can provide you with the best user experience possible. These Regs amend the Regulations for the following family-related payments and benefit: Statutory Maternity Pay; Statutory Adoption Pay; Statutory Paternity Pay; Statutory Shared Parental Pay; Statutory Parental Bereavement Pay; and Maternity Allowance. If your employee gets Maternity Allowance If your employee is getting Maternity Allowance while they’re on maternity leave, they should not get furlough pay at the same time. (Coronavirus) (Amendment) Regulations 2020 (we will call them the Regulations for short!) Statutory Maternity Pay (SMP) and Statutory Adoption Pay (SAP) are paid at 90% of usual earnings for the first 6 weeks, followed by 33 weeks at the statutory rate (currently £151.20). Furlough Leave and ending family leave Usually, maternity leave entitles an employee to 52 weeks of leave. No: OC302638. For women who qualify for Statutory Maternity Pay (SMP), this is … But the government has confirmed that for those intending to take time off work following the birth, adoption or death of a child will not see their entitlement to pay affected as a result of being furloughed due to the coronavirus pandemic. I'm 18 weeks pregnant so in the 'qualifying weeks' for maternity pay. googletag.pubads().enableSingleRequest(); 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. TS17 6QW, © Copyright Endeavour Partnership, All Rights Reserved, Company Reg. Any ‘enhancement’ to statutory payments (i.e. 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.cmd = googletag.cmd || []; LID Publishing talks to author Bill Cohen about his latest book on Peter Drucker’s consulting principles. googletag.enableServices(); You cannot receive furlough pay at the same time if you’re getting maternity allowance. 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. Press question mark to learn the rest of the keyboard shortcuts. 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. googletag.enableServices(); 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. googletag.defineSlot('/21798641100/Sidebar1', [[300, 250], [300, 600]], 'div-gpt-ad-1552319515893-0').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. For maternity allowance, entitlement and the payable rate is determined by assessing an employee’s average pay over a 12 week period. googletag.pubads().enableSingleRequest(); googletag.defineSlot('/21798641100/Sidebar2', [[300, 250], [300, 600]], 'div-gpt-ad-1552319564911-0').addService(googletag.pubads()); National Minimum Wage. came into force on 25 April 2020 and helpfully confirm the position. 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. Does anyone know of this will affect my qualification for SMP? 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. Furlough pay is being introduced by the government to help employers retain staff during the emergency. Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 4 May 2020. googletag.cmd.push(function() { New regulations dealing with the calculation of family related statutory pay for furloughed employees also came into force on 25 April 2020. Clinically extremely vulnerable employees are “advised” to work from home over the period of lockdown. 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? In essence this means that an employer can only claim the 80% on the enhanced payment and not the statutory payment. Furlough pay is 80% of your pay* up to a maximum of £2500 per month. I am on furlough pay of 80% of my normal earnings. 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”). 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. 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. 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. In the case of SMP, the Regulations provide that where an employee is on furlough during part or all of the relevant period and her pay is reduced, as a result, her normal weekly earnings for the purposes of eligibility and the rate payable for SMP will be calculated based on the pay she would have received if she had not been furloughed. Holiday pay and furlough. Posted by. Furlough and Maternity Pay (28 Posts) Add message | Report. Other types of employees you can claim for . Pay & benefits Wellbeing ... Parents returning from maternity leave can access the furlough scheme after 10 June Shutterstock. 3 hours ago. I probably would have planned to start maternity leave the middle of July. My wife has recently went on Maternity Allowance, however she has noticed that she has just received a furlough pay from her employer as well. googletag.pubads().enableSingleRequest(); Teesside For those … If she does, then an employer can furlough her and claim back 80% of this enhancement. Will my Statutory Maternity Pay/Maternity Allowance/Maternity Leave be affected? googletag.enableServices(); 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). Registered in England and Wales. The Endeavour Partnership LLP is authorised and regulated by the Solicitors Regulation Authority. 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. Maternity Action outline on its website there is “no entitlement” to your full, usual salary while on maternity leave. 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.) 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). Maternity Allowance is usually paid to you if you do not qualify for Statutory Maternity Pay. If your employee has agreed to be put on furlough, tell them to contact the Jobs and Benefits office to stop their Maternity Allowance payments. Hello, So my company may be putting me into furlough tomorrow due to Coronavirus and will pay me up to 80% of my wage. However, an employee is only entitled to Statutory Maternity Pay (SMP) for a period of 39 weeks. For maternity allowance, entitlement and the rate payable is also determined by looking at average earnings over a 13-week period. 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