Furloghed

Kieranbiring89

Hi any help would be appreciated
I've been furloghed for 3 months as I have a respitory illness, I've now been told my furlough will be coming to an end and be put on sick, Im not sure what my options are and on why I couldn't stay furloghed?
Medically I have been told that the medication I am on puts me at a higher risk of if getting covid could be fatal as I'm steroids ect
Thanks

Grumpy_chap

What options are you hoping for?

You are on furlough but there is now work to be done, so your employer wants you back.

If you are not healthy enough to return, sick pay seems the correct alternative.

neilmcl

Kieranbiring89 said:

Hi any help would be appreciated
I've been furloghed for 3 months as I have a respitory illness, I've now been told my furlough will be coming to an end and be put on sick, Im not sure what my options are and on why I couldn't stay furloghed?
Medically I have been told that the medication I am on puts me at a higher risk of if getting covid could be fatal as I'm steroids ect
Thanks

To be fair to your employer they've been very generous in allowing you to furlough rather than simply put you on SSP, which is what you now need to look at going on if you're not able to back to work.

Jeremy535897

neilmcl said:

Kieranbiring89 said:

Hi any help would be appreciated
I've been furloghed for 3 months as I have a respitory illness, I've now been told my furlough will be coming to an end and be put on sick, Im not sure what my options are and on why I couldn't stay furloghed?
Medically I have been told that the medication I am on puts me at a higher risk of if getting covid could be fatal as I'm steroids ect
Thanks

To be fair to your employer they've been very generous in allowing you to furlough rather than simply put you on SSP, which is what you now need to look at going on if you're not able to back to work.

Furlough costs no more than 20% of salary, which may well be less than SSP. I think the employer has received advice that someone who is ill, but not with COVID 19, should not be furloughed. Guidance says:
"Furloughed employees retain their statutory rights, including their right to Statutory Sick Pay. This means that furloughed employees who become ill, due to Coronavirus or any other cause, must be paid at least Statutory Sick Pay. Subject to eligibility this includes those self-isolating or shielding because of Coronavirus. It is up to employers to decide whether to move these employees onto Statutory Sick Pay or to keep them on furlough, at their furloughed rate."

However, some lawyers take the view that you should not furlough someone who is sick because of a non-COVID 19 illness, because the furlough is not because of coronavirus (see paragraph 6.1 of the Direction):
"6.1 An employee is a furloughed employee if-
(a) the employee has been instructed by the employer to cease all work in relation to their employment,
(b) the period for which the employee has ceased (or will have ceased) all work for the employer is 21 calendar days or more, and
(c) the instruction is given by reason of circumstances arising as a result of coronavirus or coronavirus disease."

Kieranbiring89

I understand all the above but the Dr's have said I cannot work while on these medications due to covid being out their 

Grumpy_chap

Has the OP's Dr given the OP a fit note?
The OP should share that with the employer and then the employer can make a suitably informed decision.  The employer is not obliged to continue furlough and, if they do not, then SSP (or contractual sick pay if greater) is the alternative.
The OP should also think about how and when they will ever return to work.  Coronavirus will be with us for a long time and there is not likely to be a vaccine in the short term.  Maybe the employer sees it as a risk that the OP will just find continued reasons not to return to work and feels best able to manage that by starting the SSP clock.

calcotti

Kieranbiring89 said:

I understand all the above but the Dr's have said I cannot work while on these medications due to covid being out their 

If you have a 'shielding' letter this is evidence that you are entitled to SSP until the end of July. If not you need a Fit Note from your GP in order to be eligible for SSP.

You may be able to claim universal Credit to top up your income depending on your household circumstances. https://www.gov.uk/benefits-calculators

Mrsn

Kieranbiring89 said:

I understand all the above but the Dr's have said I cannot work while on these medications due to covid being out their 

Within the next 5 weeks the scheme is changing. With all due respect if you want to remain at home to protect yourself (which is your decision to make) then you will have to accept that it will be on SSP going forward.

You don’t say whether you’ve actually had a shielding letter or not but if you didn’t then your employers have been very generous so far. Furlough was never intended to cover those away from work due to health issues it just happened to change within the guidance at a certain point.

Without being unkind COVID is going be around for a while yet. SSP is only payable for a set period of time so you are going to have to think of a plan going forward in any event.