Press question mark to learn the rest of the keyboard shortcuts. googletag.enableServices(); 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. You cannot receive furlough pay at the same time if you’re getting maternity allowance. The amount you can get depends on your eligibility. Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 4 May 2020. 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. If you require advice on furlough or have queries on how to manage your staff during the pandemic, our. 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. Receive more HR related news and content with our monthly Enewsletter (Ebrief). 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. }); Publication This has included clarification in respect of the eligibility criteria for employees, union representatives on furlough, TUPE, company directors and maternity allowance. I'm 18 weeks pregnant so in the 'qualifying weeks' for maternity pay. Teesdale Business Park Furloughed employees, intending to take paid parental or adoption leave, are entitled to statutory pay based on usual earnings. Maternity Allowance is usually paid to you if you do not qualify for Statutory Maternity Pay. Using legislation is the only way to guarantee that the desired policy effect is realised. 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”). Individuals that are working are entitled to NMW for the hours that they are working or treated as working under minimum wage rules. 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. and cover topics including: Decision Science, Knowledge Management, HR Reporting & Matrixed Organisations. 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. googletag.defineSlot('/21798641100/Sidebar2', [[300, 250], [300, 600]], 'div-gpt-ad-1552319564911-0').addService(googletag.pubads()); VAT Number: 721 9055 48. 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. New regulations dealing with the calculation of family related statutory pay for furloughed employees also came into force on 25 April 2020. googletag.pubads().enableSingleRequest(); 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.) 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. Close. The Endeavour Partnership LLP is authorised and regulated by the Solicitors Regulation Authority. Maternity Action outline on its website there is “no entitlement” to your full, usual salary while on maternity leave. 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. Hi ladies. LID Publishing talks to author Bill Cohen about his latest book on Peter Drucker’s consulting principles. For the first six weeks, you'll receive 90 per cent of your average weekly earnings before tax. googletag.cmd = googletag.cmd || []; 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. Teesside 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. National Minimum Wage. You can find out more about which cookies we are using or switch them off in our Cookie Policy. In light of the most recent guidance, Crudge said if an employee remains on maternity leave rather than furlough leave, employers are likely to still be required to pay them full enhanced maternity pay if they offer this, which they can claim for through the job retention scheme. googletag.defineSlot('/21798641100/Sidebar1', [[300, 250], [300, 600]], 'div-gpt-ad-1552319515893-0').addService(googletag.pubads()); 0. User account menu. 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. 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? 27 April 2020. She … Press J to jump to the feed. var googletag = googletag || {}; The Government is updating guidance for employers via the BEIS website as soon as practicable and the changes will be reflected in guidance on the Coronavirus Job Retention Scheme. This website uses cookies so that we can provide you with the best user experience possible. }); We interview Melanie Tansey, Group HR Director - Hachette UK. Will this affect my Maternity Allowance? If your period of Statutory Maternity Pay or Maternity Allowance begins on or after 25 April 2020, your entitlement to Statutory Maternity Pay and Maternity Allowance will be based on full earnings rather than furlough pay. Wife on Maternity Allowance but the employer keeps paying her furlough. Company maternity pay or Occupational Maternity Pay) is the element that would be eligible for the furlough claim by the employer. As a result of the #COVID19 #coronavirus pandemic with millions of employees being placed on furlough, new rules are introduced to protect those who are going on parental leave and receiving statutory payments for maternity, adoption, paternity, bereavement and … 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. 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. St Mark's Court Log In Sign Up. googletag.cmd.push(function() { 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. googletag.enableServices(); came into force on 25 April 2020 and helpfully confirm the position. 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.) xxx. The enhanced pay must be contractual. I am on furlough pay of 80% of my normal earnings. 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. Hello, So my company may be putting me into furlough tomorrow due to Coronavirus and will pay me up to 80% of my wage. Posted by. 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 those … 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. Pregnant women and new mothers are entitled to take up to 52 weeks of Maternity Leave. (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. Furlough and Maternity Pay (28 Posts) Add message | Report. googletag.pubads().enableSingleRequest(); Holiday pay and furlough. Up to 39 weeks are paid. 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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. Furloughed employees must have been on the payroll on or before 19 March 2020. 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. Do I have to give 8 weeks’ notice to return to work early from maternity leave in order be placed on … 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). 01454 292 069   [email protected], UK Subscriber Assistance T 01454 292 060 [email protected]. For maternity allowance, entitlement and the payable rate is determined by assessing an employee’s average pay over a 12 week period. 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.) 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. Other types of employees you can claim for . googletag.defineSlot('/21798641100/ArticleAd', [300, 250], 'div-gpt-ad-1553701159481-0').addService(googletag.pubads()); If she does, then an employer can furlough her and claim back 80% of this enhancement. 01454 292063   [email protected], Recruitment 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. Furlough pay is 80% of your pay* up to a maximum of £2500 per month. Clinically extremely vulnerable employees are “advised” to work from home over the period of lockdown. New regulations came into force on 25 April 2020. Any ‘enhancement’ to statutory payments (i.e. fioney25 Tue 24-Mar-20 13:53:51. Employers can claim through the scheme for enhanced maternity pay. Furlough pay is being introduced by the government to help employers retain staff during the emergency. 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. googletag.enableServices(); 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. 0. This means that every time you visit this website you will need to enable or disable cookies again. 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). TS17 6QW, © Copyright Endeavour Partnership, All Rights Reserved, Company Reg. Furloughed employees continue to accrue leave entitlement as per their employment contract and holiday law employment rights. Will my Statutory Maternity Pay/Maternity Allowance/Maternity Leave be affected? 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). For women who qualify for Statutory Maternity Pay (SMP), this is … googletag.pubads().enableSingleRequest(); 3 hours ago. We are using cookies to give you the best experience on our website. The first 26 weeks are known as Ordinary Maternity Leave, and the remaining 26 weeks are known as Additional Maternity Leave. 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. You will get what you would have received if you had not been placed on furlough. Furlough Leave and ending family leave Usually, maternity leave entitles an employee to 52 weeks of leave. googletag.cmd = googletag.cmd || []; googletag.cmd.push(function() { Furlough before leave. var googletag = googletag || {}; 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. Employees who are clinically extremely vulnerable: The guidance on clinically extremely vulnerable people was also updated yesterday. }); Significant changes to job did not result in redundancy 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. No: OC302638. googletag.cmd.push(function() { Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings. Buy this issue now, click here. Pay & benefits Wellbeing ... Parents returning from maternity leave can access the furlough scheme after 10 June Shutterstock. For maternity allowance, entitlement and the rate payable is also determined by looking at average earnings over a 13-week period. Your employer may top this amount up to the normal level of your pay. Does anyone know of this will affect my qualification for SMP? ARTICLE BY: Viola Lloyd | Published: 23 June 2008. var googletag = googletag || {}; googletag.cmd = googletag.cmd || []; (Coronavirus) (Amendment) Regulations 2020 (we will call them the Regulations for short!) Furlough Pay will … The answer for HR depends on whether the employee receives enhanced contractual maternity pay. I probably would have planned to start maternity leave the middle of July. Parental pay while on furlough to be calculated on usual earnings. 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 Registered in England and Wales. If an employee is getting Maternity Allowance while they’re on maternity leave, they should not get furlough pay at the same time. In essence this means that an employer can only claim the 80% on the enhanced payment and not the statutory payment. My work is currently closed down at the minute and we are all on furlough pay. 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