Nursery closed so can't work

pinkshoes

Asking for a friend as I have no idea!

She works 2 days a week in a small factory and is pregnant. Her child's nursery has closed due to Covid 19, so she cannot go to work as she has no childcare. The company are making her take unpaid leave. She NEEDS her salary to afford to live (mortgage etc...) .

What is the best course of action?

Apparently not  entitled to benefits as she still has a job. Can't be furloughed as job still exists.

JReacher1

She can be furloughed and there isn’t a cost to the company so she should ask again. 

Brynsam

JReacher1 said:

She can be furloughed and there isn’t a cost to the company so she should ask again. 

...but back it up with some help for her small employer, who probably hasn't a clue any more than you have; they're probably a bit busy trying to keep the business afloat. 

If you click on the MSE banner immediately above your question and follow the Coronavirus guides, it's the '12 things...' bit which might help. It includes as point 7: Employees who can’t work due to school closures can be furloughed. The Treasury has confirmed those unable to work as schools are closed and they need to be home to look after children, may be furloughed.

pinkshoes

Thanks! Will get her to do that as they initially said no! It's so hard to find the correct information, so no doubt difficult for them to work out what to do, and obviously she cannot work from home!!

BrassicWoman

I am heavily involved in implementing furloughing. It’s not there for any job; the employer has to be in financial dire straights. If she’s a key worker (logistics, food) she can ask the council to help her find childcare.

otherwise, benefits, I am afraid.

Undervalued

JReacher1 said:

She can be furloughed and there isn’t a cost to the company so she should ask again. 

Yes she can be furloughed for childcare reasons, even if there is work for her to do, but only if the employer agrees. However, it is important to stress that they don't have to agree.

Many companies are understandably nervous about being left out of pocket, months down the line, if they get the interpretation of the rules even slightly wrong. Plus, particularly with a small business, if the work needs doing they have got to find somebody else to do it. So, in the short term they are paying 180% out in salaries in the hope / expectation that they get the 80% back in a few months time.

The employer is quite entitled to refuse and say that childcare is not their problem. In fact offering unpaid leave (beyond a short "emergency" amount) is more than they are legally obliged to do. All she can do is ask very nicely!

JReacher1

BrassicWoman said:

I am heavily involved in implementing furloughing. It’s not there for any job; the employer has to be in financial dire straights. If she’s a key worker (logistics, food) she can ask the council to help her find childcare.

otherwise, benefits, I am afraid.

This isn’t correct. The employer does not have to be in financial dire straights to furlough staff. 

It casts doubts on whether you are “heavily involved” if you think this is one of the criteria. 

Undervalued

JReacher1 said:

BrassicWoman said:

I am heavily involved in implementing furloughing. It’s not there for any job; the employer has to be in financial dire straights. If she’s a key worker (logistics, food) she can ask the council to help her find childcare.

otherwise, benefits, I am afraid.

This isn’t correct. The employer does not have to be in financial dire straights to furlough staff. 

It casts doubts on whether you are “heavily involved” if you think this is one of the criteria. 

You are correct but, as I said in my earlier post, even if the employer is allowed to furlough they are not obliged to.

JReacher1

Undervalued said:

JReacher1 said:

BrassicWoman said:

I am heavily involved in implementing furloughing. It’s not there for any job; the employer has to be in financial dire straights. If she’s a key worker (logistics, food) she can ask the council to help her find childcare.

otherwise, benefits, I am afraid.

This isn’t correct. The employer does not have to be in financial dire straights to furlough staff. 

It casts doubts on whether you are “heavily involved” if you think this is one of the criteria. 

You are correct but, as I said in my earlier post, even if the employer is allowed to furlough they are not obliged to.

Yes, nobody is disagreeing with this point. 

Thanks

BrassicWoman

JReacher1 said:

BrassicWoman said:

I am heavily involved in implementing furloughing. It’s not there for any job; the employer has to be in financial dire straights. If she’s a key worker (logistics, food) she can ask the council to help her find childcare.

otherwise, benefits, I am afraid.

This isn’t correct. The employer does not have to be in financial dire straights to furlough staff. 

It casts doubts on whether you are “heavily involved” if you think this is one of the criteria. 

"If you cannot maintain your current workforce because your operations have been severely affected by coronavirus (COVID-19), you can furlough employees "

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

However. I cannot be arsed arguing. As ever, I hope posters will do their own reading and not rely on random internet bods.

JReacher1

BrassicWoman said:

JReacher1 said:

BrassicWoman said:

I am heavily involved in implementing furloughing. It’s not there for any job; the employer has to be in financial dire straights. If she’s a key worker (logistics, food) she can ask the council to help her find childcare.

otherwise, benefits, I am afraid.

This isn’t correct. The employer does not have to be in financial dire straights to furlough staff. 

It casts doubts on whether you are “heavily involved” if you think this is one of the criteria. 

"If you cannot maintain your current workforce because your operations have been severely affected by coronavirus (COVID-19), you can furlough employees "

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

However. I cannot be arsed arguing. As ever, I hope posters will do their own reading and not rely on random internet bods.

From the same link. The most important thing is the last sentence....

“This is a temporary scheme in place for 3 months starting from 1 March 2020, but it may be extended if necessary and employers can use this scheme anytime during this period. It is designed to help employers whose operations have been severely affected by coronavirus (COVID-19) to retain their employees and protect the UK economy. However, all employers are eligible to claim under the scheme and the government recognises different businesses will face different impacts from coronavirus.”

I don’t want to argue with you but you’re wrong when you say only companies in financial dire straights can furlough staff 😀