Coronavirus (COVID-19) FAQs For Employees
To help organisations with their communications during the Coronavirus (COVID-19) lock-down, we have prepared a guide for answering the most commonly asked questions you may be receiving from your employees:
What is the Coronavirus Job Retention Scheme (CJRS)?
It’s a temporary Government scheme open to all UK employers whose businesses have been severely affected by coronavirus (COVID-19).Through the scheme, employers will be able to claim for 80% of the costs of wages (up to £2,500 a month) for employees who they have placed on a so-called “furloughed” leave of absence, because they are unable to provide them with work during this time.The scheme provides a way for some employees to remain employed during this time, still receiving the majority of their normal pay, but without being required to work.
What kind of employees can be “furloughed” under CJRS?
Full-time employees, part-time employees, employees on agency contracts, employees on flexible or zero-hour contracts, can be furloughed under the rules of the scheme.
If I was made redundant before the CJRS came into force, must my employer reinstate me and place me on furlough?
If you were on the company’s payroll on 28 February 2020 and were made redundant after that date, your employer may agree to reinstate you and place you on furlough, however there is no obligation on the company to do so.
My employer has asked me to become a furloughed employee and to not come to work – will I be paid?
Yes. As a furloughed employee you will receive 80% of your salary up to a cap of £2,500 per month. That salary is the higher of: (i) the monthly earnings you received in March 2019 or (ii) the average monthly earnings in the 2019/2020 tax year (from 6 April 2019 to 5 April 2020).
I am working reduced hours – can I be furloughed?
If you are working on reduced hours, or for reduced pay, you will not be eligible for this scheme and you will continue to be paid, subject to the terms of the employment contract you agreed.
Can I work from home if I am furloughed?
No, you cannot perform any work at all, and we must not ask you to undertake any work.
I am on a period of unpaid leave – can I now be furloughed?
Employees on unpaid leave cannot be furloughed, unless they were placed on unpaid leave after 28 February 2020.
Can I do some online training to keep my skills up to date or so some volunteer work?
Yes, doing training is permitted while you are furloughed. You can also undertake volunteering activity while you are furloughed but you must not provide any services that might generate income for us.
If you are required to undertake online training, then you must be paid at least the National Living Wage (NLW)/National Minimum Wage (NMW) for the time spent training, even if this is more than the 80% of the wage that will be subsidised.
I am on maternity leave – can I be furloughed?
If you are on statutory maternity leave, you cannot be furloughed until that period of leave finishes.However, you can request that your maternity leave is brought to an end early and we will discuss this with you.
I am on sick leave – can I be furloughed?
If you are on sick leave, you cannot be furloughed until that period of leave finishes. While on sick leave you will continue to receive statutory sick pay (SSP).
I am due to start a period of maternity leave – what happens to my pay and can I be furloughed?
If you are eligible for Statutory Maternity Pay (SMP) or Maternity Allowance, the normal rules apply, and you are entitled to claim up to 39 weeks of statutory pay or allowance. If you qualify for SMP, you will still be eligible for 90% of your average weekly earnings in the first 6 weeks, followed by 33 weeks of pay paid at 90% of your average weekly earnings or the statutory flat rate (whichever is lower). The statutory flat rate is currently £148.68 a week, rising to £151.20 a week from April 2020.
The same principles apply if you qualify for contractual adoption, paternity or shared parental pay.
Can I be furloughed if I am at home self-isolating?
If you are self-isolating, you cannot be furloughed but you can be furloughed when your period of self-isolation finishes. While on self-isolating you will continue to receive statutory sick pay (SSP).
Can I be furloughed if I am at home shielding because I am in one of the vulnerable groups designated as such by the Government?
Yes, you can be furloughed if you are shielding.
Do I need a minimum length of service to be furloughed?
To be eligible for furlough leave, you must have been employed and on the company payroll on 28 February 2020. Anyone hired after this date is not eligible for furlough leave.
I was made redundant during this crisis – can I be reinstated and put on furlough leave?
Yes, as long as your date of redundancy fell on or after 1 March, we can rehire you and put you on furlough leave.This is a decision that has to be agreed however, and you will not automatically be reinstated.
What happens to my accrued holiday during a period of furlough?
Your holiday entitlement will continue to accrue in accordance with your contract of employment during your period of furlough.We may deem that any holiday that accrues during the actual period of furlough has been taken during that period.However, any holiday that has accrued under your contract of employment before the period of furlough may be taken after the period of furlough is over.Such holiday must be requested in the usual way.
What happens if I am not able to take the holiday that accrued before the period of furlough prior to the end of the holiday year. Will I lose my accrued holiday?
No, you will not lose your accrued holiday if you are unable to take it before the end of our holiday year as the Government has introduced new legislation to allow you to carry forward up to 4 weeks of accrued holiday into the following two holiday years where it is not reasonably practicable for you to take some, or all, of the holiday which you are entitled to, due to the impact of coronavirus. If this occurs, we will discuss this with you to ensure that you and the business agree on how your accrued holiday can be carried forward and when your accrued holiday may be taken.
What are my options if I don’t agree to be furloughed?
The aim of the Government’s furlough scheme is to enable the employees affected to remain employed and to retain the majority of their salary, during these unprecedented times when their employer cannot provide work for them. If you choose not to be furloughed, we may not be able to offer you any alternative. You should discuss this with us as soon as possible if you object to being furloughed.
How long will the furlough period last for?
The period of furlough leave must be taken in minimum blocks of three weeks. After that we may be able to ask you to come back to work or we might continue the period of furlough leave. Due to the extraordinary situation that businesses are in, we may not be able to tell you exactly how long your furlough leave will last.
When the government ends the scheme (which is currently scheduled to be at the end of May 2020), we will make a decision, depending on the circumstances, as to whether employees can return to their duties. If this is not going to be possible, we will discuss any options with you.
At the end of the furlough period, will I still have a job? When will I find out?
We are operating in a very challenging and fast-moving situation which has already involved making difficult decisions. At the current time it is impossible to predict what will happen at the end of your furlough period, but we will be in contact with you over the coming weeks to answer your questions and to keep you fully informed.
Can my employer dismiss me while I’m on furlough leave?
Your contract of employment will continue to apply during your furlough leave and we are able to rely on the provisions relating to the termination of employment. However, at present we have no intention to dismiss any employees as we would rather retain you all in the business so that we have our excellent and committed staff when we are ready and able to get back to work.
If you need further support determining employee status and applying for the Coronavirus Job Retention Scheme, please contact the Starford team on 01342 347063 or email hello@starfordlegalhr.com