SSP and Furlough

qpips

Im sorry, I can't seem to fin the answer to this online. I am currently absent from work with Mental Health and other health issues since start May. My company wrote to me mid June to advise that they wanted to furlough me from 23rd March, my last day in office (even though, since then I had worked from home for 3/4 weeks and took two weeks holiday) until end of June. Monday they asked me when I intended to return to work as my sick note had ended on 15th June. I advised that I had received a letter.from HR to advise i was furloughed until 30th June but still unwell and my GP signed me off from work for a furher 4 weeks. They have now advised that my sick pay will end on 14th July (I am entitled to 3 months) Are they able to take my sick pay off me whilst furloughed? My letter says that i am to recieve 80% furlough which as a responsible company they will top up by 20%. My manager has said HR will be sending out a further letter to clarify their position.

Jeremy535897

There seem to be two conflicting strands here. On the one hand you seem to have worked from home from 23 March to mid April, took holiday until the end of April, and got a sick note mid May, extended until 14 July. On the other hand you seem to have been furloughed from 24 March until 30 June.

Until flexible furlough is introduced, you can do no work for your employer if you are furloughed. Only one furlough claim per calendar period may normally be made per employer, so unless they are furloughing nobody else, they must have put in claims for you months ago, if you actually were furloughed. If you are on sick leave, you can agree with your employer to be furloughed (they don't have to find the sick pay, and you should get more income). You will have to see what the clarifying letter says.

calcotti

I can't see anything that prevents your pay while on furlough being treated as contractual sick pay. From your point of view you would be no worse off than you would have been in normal circumstances.
If you have actually done several weeks work from home then you were not off sick during those weeks. If employer says sick pay ends on 14th July they appear to have taken that into account as that indicates they have taken your start date for sickness as 14th April.
Whether or not your employer is entitled to claim under the CJRS for help with your wages is less clear. If you are treated as sick you are entitled to SSP and if you are entitled to SSP my recollection is that the employer cannot claim. However that isn't your problem - it's between the employer and HMRC.
You will continue to be entitled to SSP for up to 28 weeks from the date your period of illness started provided you continue to supply Fit Notes.

qpips

Yeah that is exactly correct. I think they have retrospectively furloughed me to avoid paying my sick pay but my manager wants to frighten me back by saying my pay will end soon (imo).

I have signed a letter to agree to furlough from 23rd March to end June even though i was working from home after that point. I am off work with mixed anxiety/depression which in turn is triggering Menieres disease symptoms since 12 April. My GP has advised not to return until 14th July but I am loathe to provide them with another note just yet until this is clarified.

Ive had a few personal issues, bereavements and health problems but the catalyst of the mental heath problems has been work related stress which are now compounded by financial worries.

qpips

Not sure if relevany but furlough lettwr also prevents me from working elsewhere while furloughed .. 

poppy12345

If you're working from home then your employer shouldn't be furloughing you. I also don't understand why you have a fit note if you're working from home. Your post is rather confusing.

qpips

I was working from home from 23rd March and then took two weeks holiday over Easter... after which and whilst working from home I had what used to be described as a breakdown and was signed off WFH due to MH issues on around 12 April.

I was contacted by my company  on submission of my second GP note mid May (until 15th June) to say they wanted to furlough me from last day in the office (23rd March) until 30th June.

I was then contacted by my manager on 15th June to say my not had expired and she wanted me back in. I asvised that i thought I was furloughed until 30th June and that My G.P had given me a further note if that was not the case.

It was then she said my company sick pay would run out on 14th July.

Apologies if seems confusing, I am confused as to whether i am in receipt of furlough pay - which means my company sick pay has not been used or sick pay which means i will only recieve SSP if I am still not able to return to work after 14th July. Hope this makes sense.

Jeremy535897

To be furloughed your employer has to discuss furlough with you and there should be something in writing (or email) that you were asked to agree to. It sounds like they put you on contractual sick pay instead. If that is the case, you would not be able to be furloughed now, so you need to get to the bottom of this.

qpips

Jeremy535897 said:

To be furloughed your employer has to discuss furlough with you and there should be something in writing (or email) that you were asked to agree to. It sounds like they put you on contractual sick pay instead. If that is the case, you would not be able to be furloughed now, so you need to get to the bottom of this.

Thanks, yes i dis receive and sign a letter agreeing to be furloughed until June 30th. I have now just recieved anotyer letter to say my company sick pay will end after 13 weeks on 14th July. Two conflicting letters. 

Jeremy535897

As calcotti said earlier, it looks as if they are using up your contractual sick pay while you are on furlough. It's the same as asking people to take holiday while on furlough. That doesn't explain though how you could be furloughed from 23 March if you were still working. Did the letter you signed say it started on 23 March?

poppy12345

Have you actually tried to contact your employer to ask them? If you haven't then i'd advise you to do that. SSP is payable for 28 weeks, with a fit note.