Maternity leave and furlough - ineligible due to being on forced annual leave?

actOn

Hi,
I wondered if anyone is able to give any clarity on the issue we're finding with furlough and maternity leave.

We saw the headlines about those coming back from maternity leave after 10 June still being able to be furloughed but we seem to be stuck on a technicality. My wife's maternity leave ended at the end of May her employer directed her (before she went on leave) she had to take her accrued annual leave immediately after mat leave so her start date back at work is mid July.

She has been in discussions with her employer recently to be put on furlough when she came back to work, but they are suggesting because she is now on annual leave, and not maternity leave she cannot be added to the furlough scheme. There was no correspondence from her employer about furlough options before now and she has obviously not been in the office and not had the same opportunities as others in the company to apply for the scheme earlier.

Has anyone any advice on this matter?

Thanks in advance

unholyangel

Just to clarify, they told your wife that she would have to take annual leave before she went on maternity leave? 

If they're not furloughing her, then what are they proposing? That she return to work? Or something else? 

actOn

Yes, when she went onto maternity leave in 2019 they worked out the annual leave she would have accrued and added that on to the end of her maternity leave so her start date back would be mid July.

They are suggesting the government guidelines do not apply because she is not on maternity leave now; when she's looking to apply. They are suggesting she'd have to return to work in 10 days time.

unholyangel

They could have furloughed her when on maternity (assuming enhanced maternity pay), or when she started the annual leave. 

If they're suggesting she returns to work, does the business actually have a need to furlough her? Have they furloughed everyone else? 

actOn

The sticking point her company is suggesting is that the gov wouldn't do it because she's not on 'maternity leave' right now and is instead on forced annual leave.

They have furloughed numerous staff in her company, I'm not 100% sure about her actual department however.

rosiesposies

If she wanst furloughed before June 10th then she isnt eligible.  But i am confused as to what the company are wanting her to do and what you want and expect them to do? Do you WANT her to be furloughed or does she want to return to work? If theres work for her to do and they intend to call her back when her leave ends i dont see the issues here? If there is no work for her and they cannot furlough her, then thats an employment contract issue.  

Jeremy535897

She is not able to be furloughed because she does not satisfy paragraph 11(1)(b)(ii) of the latest Treasury Direction, because her maternity leave ended before 11 June 2020. See:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/895778/Further_Treasury_Direction_made_on_25_June_2020_under_Sections_71_and_76_of_the_Coronavirus_Act_2020.pdf

Sanne

I’m confused as you keep mentioning that she didn’t have the same opportunity as others to apply for the scheme - furlough isn’t something you applied for / chose to go on to, it’s based in business need (or rather not need) to protect jobs. Is there work for her to do? Then obviously she’d return as she would always have had...

Thrugelmir

Nothing to do with "opportunities".  Employers would have much preferred to have kept people working. Now it's time to slowly get the wheels of business in motion again. 

sharpe106

I think from reading your post you think it is an employment perk that everybody else has been able to apply for and she has not as she has been on maternity leave and you want her to be furloughed rather then return to work.  
Is she being told she needs to return to work? or is she being told she can't return to work as there is no work to do but she can't be furloughed as it is now too late?
Is she is being told she needs to return to work, furlough is on there for people returning from maternity who would otherwise be made redundant as there is no work, not everybody returning from maternity. 
If she is being told she can't return to work as there is no work and they can't furlough her then that is a different matter. 

actOn

Thanks for everyone's comments, so the company she works for allowed employees to submit an application for furlough. As it transpires, if she had applied whilst on maternity leave (even if that was after 10 June) then she could have been furloughed - which was our preferred option as we have not been able to arrange childcare. As it stands, because she is now on accrued annual leave she is ineligible it seems (thanks for the link Jeremy535897).