Furlough

caggie88

Hello I'm looking for some advice with regards to furlough. I work for a nursery and currently on furlough my boss has put out an email stating 

In line with government guidance you must be on furlough leave for a minimum of three weeks’ without interruption. With signs that the restrictions may be lifted soon we are keen to prepare our business for the busy time ahead where we look to rebuild what has been lost during this epidemic. In order to do that, and to react as we would like to, we need to ensure that we have as many hands on deck as possible as we make plans to lift the furlough leave in the coming weeks.  Please note that this is all subject to Government guidance as and when it is communicated.

To help us prepare for this we write to advise that a period of 10 days mandatory annual leave for all of our furloughed workers is to be taken prior to the end of June. You will be paid your normal working week's hours during this period of annual leave which will involve the company topping up your current furlough pay to ensure that this will be paid at your normal annual leave rate, this will then be processed through payroll to be paid in the normal way at the end of the month. Once this period of annual leave is complete you will revert to the reduced furloughed rate which is 80% of your normal pay for the remainder of your furloughed leave until we provide you with further notice regarding the next steps. The date on which the furlough leave will come to an end depends on several external factors so whilst we hope this will be lifted earlier than stated this is subject to change. We will however keep you informed

 He is refusing to reply to any emails from any of the staff and we are all a bit confused about this. Most of us don't have 10 days annual leave to take as our holiday year runs September to October so used for October holidays and Christmas. what I'm really looking for is if we don't have annual leave to take do you think this email is saying you will get 3 weeks furlough pay in June and that's all or should he be paying us the full 80% in June for 4 weeks regardless of holiday pay or not? for me there is 4 weeks in June I have no holidays so will he pay me 80% of 3 weeks pay rather than the 80%of 4 weeks pay and if he does do the 80% at 3 weeks can he do this? 
Hope this is understandable its all a bit confusing. Thanks in advance

Jeremy535897

It's a bit difficult when you can't get a response to questions. Being pragmatic, if you haven't any holiday entitlement, it's hard to see how you can be made to take it, but if the result is getting paid 100% rather than 80%, welcome it. If you are only paid 100% for a lesser period than 2 weeks, because your holiday entitlement is less than 2 weeks, you have to be paid the 80% for the rest of the time you are furloughed. I assume he must have given instructions to the payroll department that are more detailed, so try asking them for clarification.

On a technical point, you have to be given twice as long notice to take holiday as the holiday lasts. I don't think that requirement has been met for people with 2 weeks entitlement remaining.

neilmcl

They are planning on paying you 100% of your normal pay for for 10 days in June, after which you will revert back to 80% furlough pay. What's not so clear is if the leave period applies to those who have yet to take annual leave or it includes all employees, even those with no annual leave left. Either way they want leave out of they way so potentially you can all be available to work after June.

sharpe106

Depending on when they sent the email they probably never gave enough notice for the full 10 days. But if you don't have 10 days all they can do is take whatever days you have pay you your normally salary for that and then the furlough rate for the rest. 

epm-84

What is your usual annual leave entitlement?  Is it x number of days plus Bank Holidays?  If it is and you haven't received additional pay for the Easter and May Bank Holidays while on furlough then you might have 4 days of annual leave to take that you don't realise.

caggie88

So payday has arrived I received 40% of my normal wages and the rest of my annual leave for the year. Very confused as I was expecting 80% of my wage (the furlough wage) and the rest of my holiday entitlement. Thank you for everyone previous responses it was helpful.

Grumpy_chap

That could be correct.
In your OP, you said 10 days annual leave to be taken and that there are 4 weeks in June.  Assume you work 5 days per week.

So, 10 days annual leave at 100% = 50%
Plus 10 days (half the time) at 80% = 40%

It was never going to be that you got 80% furlough plus the 10 days annual leave.

Jeremy535897

Yes, see https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19

caggie88

its all sooo confusing to get your head round but I've got it thanks for all your help 

Zed1966

Hi,
I have worked for my company for a total of 19 weeks since Jan 2020. 

I have been on SSP since 23/3/20 due to C19 , my company are now putting me on furlough from 23rd May 2020

They have taken the 8 weeks I was on SSP as well as the 11 weeks I was on a full  wage to calculate my average earnings for furlough pay . I was under the impression that your furlough was calculated using your Pre SSP earnings and those weeks work prior.

Example total average earnings pre SSP £3300 Divided by my 11 weeks worked gives average weekly wage  of £300 for the 80% calculation 
Total average earnings post SSP £3300 Divided by 19 (11 worked /8 on SSP) gives average weekly wage of £173 For 80% furlough calculation . 
They are also holding back 2 weeks furlough wages. Before furlough only a weeks wages where kept back .
thank you in advance for any advice received 😀

sharpe106

Do you do variable hours or fixed hours normally?