Furlough

flatoutworking

Does my employer legally have to sign me up to the furlough scheme, I am staying at home at my own choice to protect myself and my wife who is an at risk level. I had already decided to take unpaid leave on my own decision but have found in the small print on the furlough scheme that the 19th of March onwards if I’m on unpaid leave does not qualify 

Jeremy535897

Employees on unpaid leave starting after 28 February 2020 can be furloughed instead but it is at the employer's discretion.

Jeremy535897

The above is from the guidance to employers amended on 17 April. Paragraph 6.5 of the Treasury Directive dated 15 April seems to say that no CJRS claim can be made in respect of unpaid leave beginning before or after 19 March 2020. This makes no sense.
Edit: perhaps all this means is that an employer cannot claim CJRS for someone while thy are still on unpaid leave, but if this is correct, it seems a very odd way of putting it.

gary83

No your employer does not have to sign you up to the furlough scheme because you chose to stay home

sharpe106

The furlough scheme is voluntary, so not a legal requirement.

flatoutworking

Since I posted this my wife has got a shielding letter from her GP, and I am listed as her carer, although I normally work a full 40hrs normally. Do I now qualify for furlough ? Does my employer have to offer me a work from home option  ? Or as I had decided by my own decision to go on unpaid leave is furlough not an option ?

gary83

you still don’t qualify for furlough, medical need is irrelevant. Your employer does not have to offer a work from home option, for many industries it’s impossible to work from home.

unholyangel

flatoutworking said:

Since I posted this my wife has got a shielding letter from her GP, and I am listed as her carer, although I normally work a full 40hrs normally. Do I now qualify for furlough ? Does my employer have to offer me a work from home option  ? Or as I had decided by my own decision to go on unpaid leave is furlough not an option ?

Doesn't change anything I'm afraid. Still the employer's decision whether furlough is appropriate or not. 

Your employer should try to support working from home arrangements, but this isn't always possible so it would have to be something you disucss with your employer. 

calcotti

Jeremy535897 said:

The above is from the guidance to employers amended on 17 April. Paragraph 6.5 of the Treasury Directive dated 15 April seems to say that no CJRS claim can be made in respect of unpaid leave beginning before or after 19 March 2020. This makes no sense.
Edit: perhaps all this means is that an employer cannot claim CJRS for someone while thy are still on unpaid leave, but if this is correct, it seems a very odd way of putting it.

I think it does indeed just mean that no claim for CJRS can be made for a period while an employee is on unpaid leave. The whole document is written in the worst kind of ‘legalese’.

poppy12345

Lots of keyworkers have no choice to go to work, even when they have others at home that are vulnerable. They go to work and take extra precaution when they return home, to make sure the vulnerable ones in the home are protected. We've had a few people posts comments about the lengths they go to when returning home.  Have you thought about doing the same thing?

The 12 week shielding advice given to those most at risk could go on for many many months.

Hermann

flatoutworking said:

Since I posted this my wife has got a shielding letter from her GP, and I am listed as her carer, although I normally work a full 40hrs normally. Do I now qualify for furlough ? Does my employer have to offer me a work from home option  ? Or as I had decided by my own decision to go on unpaid leave is furlough not an option ?

The guidance states.....

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

Shielding Employees

Employees who are unable to work because they are shielding in line with public health guidance (or need to stay home with someone who is shielding) can be furloughed.

And also....
https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme

If you are shielding in line with public health guidance or required to stay home due to an individual in your household shielding and are unable to work from home, then you should speak to your employer about whether they plan to place staff on furlough.

If you are unable to work, including from home, due to caring responsibilities arising from coronarivus (COVID-19), such as caring for children who are at home as a result of school and childcare facilities closing, or caring for a vulnerable individual in your household, then you should speak to your employer about whether they plan to place staff on furlough. The grant will start on the day you were placed on furlough and this can be backdated to 1 March 2020.

However it remains at the employers discretion so if they don't want to you can't force them to.

Perhaps politely check they are aware of the updated guidance and ask them to reconsider?