Furlough before the end of maternity leave

jayn_wright

My daughter in law's maternity leave finishes in 2 days time and she was told she would be furloughed after that. She was told this morning that that would no longer happen as they cannot furlough her while she on maternity leave and that she has to take annual leave until 06/07.
She has asked if she can go back when her maternity leave ends (ie Monday) but has been told no because they are not busy enough.

Any ideas what she can do please?

Jeremy535897

I suspect the issue here was that they believed that they would not be able to furlough your daughter as she would have had to be furloughed by today, and her maternity leave does not end until 12 June. I am not convinced that is correct, but it doesn't matter, because there has been an announcement that employees returning from maternity leave can be furloughed, even if their first furlough period starts after 10 June. See https://www.gov.uk/government/news/parents-returning-to-work-after-extended-leave-eligible-for-furlough

jayn_wright

Thank you Jeremy, I have passed this information on to her and she is going to contact her work again.
Am I understanding correctly then that she can carry on as is, finish her maternity leave on 12/06, and be furloughed from 15/06 onwards?

sharpe106

In theory if the employer wants her to be, or they may get them to take the leave first, otherwise when they do restart work they will have lots of leave to take.

Jeremy535897

I think so, but do remember that an employee does not have to furlough employees. It does have to avoid discrimination on how it selects those to be furloughed, in accordance with employment law. The guidance I linked to says:

"However, the government today confirmed that parents on statutory maternity and paternity leave who return to work in the coming months after a long period of absence will be permitted to be furloughed.

This will only apply where they work for an employer who has previously furloughed employees."

calcotti

Announcement referred to by Jeremy is here https://www.gov.uk/government/news/parents-returning-to-work-after-extended-leave-eligible-for-furlough
Updated guidance to follow on Friday.