On maternity but can I be furloughed instead?

Savvygirl2020

I’m currently on maternity leave earning the minimum statutory amount and I was wondering can I request my employer end my maternity and I be put on furlough instead?

I understand furlough has been extended until March 2021 and therefore if I was furloughed until then it would mean I get paid 80% of my original salary rather than the statutory minimum I’m currently getting

JamoLew

will you be available to go into work when/if requested ?
If yes, then maybe
If no, then no

there was a thread on here the other day asking the same, that people responded to, but it's been deleted for some reason

unholyangel

Without getting tied up in questions of whether your employer is furloughing others/you're available to work, isn't SMP now 90% of your AWE? 

If so, you may want to reconsider your username. 

Caz3121

If you wish to end your maternity leave and return to work you will need to give 8 weeks notice and the employer cannot furlough you until after the end of the 8 weeks. It also needs their agreement. If you give the notice of returning to work in 8 weeks time, would you/could you if they decide furlough is not an option?
https://www.gov.uk/guidance/check-which-employees-you-can-put-on-furlough-to-use-the-coronavirus-job-retention-scheme
check "Ending maternity leave early to be furloughed"

epm-84

Note that while furlough has been extended until March 2021 employers have to contribute pension and NI contributions for November and December and it may be more for January, February and March, so it's not zero cost to the employer to have an employee on furlough not working.

Also note that as soon as you as you are moved from maternity to furlough, any protection against redundancy you have by being on maternity leave is removed.  Therefore, hypothetically you could give your 8 weeks notice to end your maternity leave today, in mid-Jan you could start being paid the furloughed rate and then the government may make employers contribute more to furlough in Feb/March meaning your employer starts a redundancy process and you won't be able to go back on to maternity leave if that happens.

As mentioned already while many people on furlough are at home not working, they have to return to work if their employer requests it (even if it's at very short notice.)  So you might want to think about how it would work if on the afternoon of Wednesday 20th Jan, you are asked to return to work on Friday 22nd Jan (presuming your usual working days include Fridays.)

epm-84

unholyangel said:

Without getting tied up in questions of whether your employer is furloughing others/you're available to work, isn't SMP now 90% of your AWE? 

90% for first 6 weeks then the lowest out of £151.20 or the average weekly pay for the remaining period.

Jonesy1977

I am interested in this as I have been asked the same question by an employee.  I checked with outsourced HR and it does look possible but I was not aware of the 8 weeks mentioned by @Caz3121

Mrsn

epm-84 said:

Also note that as soon as you as you are moved from maternity to furlough, any protection against redundancy you have by being on maternity leave is removed.  Therefore, hypothetically you could give your 8 weeks notice to end your maternity leave today, in mid-Jan you could start being paid the furloughed rate and then the government may make employers contribute more to furlough in Feb/March meaning your employer starts a redundancy process and you won't be able to go back on to maternity leave if that happens.

As mentioned already while many people on furlough are at home not working, they have to return to work if their employer requests it (even if it's at very short notice.)  So you might want to think about how it would work if on the afternoon of Wednesday 20th Jan, you are asked to return to work on Friday 22nd Jan (presuming your usual working days include Fridays.)

The point regarding redundancy protection is key. Having been made redundant on maternity leave myself it’s horrible. Knowing that all my rights were protected was of great comfort! Because I would have come off a lot worse otherwise.

Should they agree (and I’ll be honest it’s a massive ask....) you will most likely be recalled at very little notice, they will not care about whether you have sorted out childcare or not. You will have no choice or wiggle room with your return date.