Furlough Claim or SSP Covid

Majic

2 employees on flexible furlough. Employee 1 had a positive covid test meaning off work for 10 days. Of those 10 days 2 would have been flexible furlough days. Could the company claim furlough for the full 10 days off or should some be SSP?

The other employee who is on flexible furlough 4 days out of the 10  also was not able to work because he needed to be supervised by employee 1. He did not have covid but had to remain at home. Can furlough be claimed for the 10 days?

Thanks

Jeremy535897

Re the first case, see https://www.gov.uk/guidance/check-which-employees-you-can-put-on-furlough-to-use-the-coronavirus-job-retention-scheme

"If your employee’s health has been affected by coronavirus or any other conditions

Your employee is eligible for the grant and can be furloughed, if they are unable to work, including from home or working reduced hours because they:

• are clinically extremely vulnerable, or at the highest risk of severe illness from coronavirus and following public health guidance – these employees remain eligible for the Coronavirus Job Retention Scheme even whilst shielding guidance is not in place
• have caring responsibilities resulting from coronavirus, such as caring for children who are at home as a result of school and childcare facilities closing, or caring for a vulnerable individual in their household

If your employee is self-isolating or on sick leave

If your employee is on sick leave or self-isolating as a result of coronavirus, they may be able to get Statutory Sick Pay (SSP). The Coronavirus Job Retention Scheme is not intended for short-term absences from work due to sickness.

Short term illness or self-isolation should not be a consideration when deciding if you should furlough an employee. If, however, employers want to furlough employees for business reasons and they are currently off sick, they are eligible to do so, as with other employees. In these cases, the employee should no longer receive sick pay and would be classified as a furloughed employee.

Employers can furlough employees who are clinically extremely vulnerable or at the highest risk of severe illness from coronavirus. It’s up to employers to decide if they will furlough these employees. An employer does not need to be facing a wider reduction in demand or be closed to be eligible to claim for these employees.

You can claim back from both the Coronavirus Job Retention Scheme and the SSP rebate scheme for the same employee but not for the same period of time. When an employee is on furlough, you can only reclaim expenditure through the Coronavirus Job Retention Scheme, and not the SSP rebate scheme. If a non-furloughed employee becomes ill due to coronavirus, needs to self-isolate or shield, then you might qualify for the SSP rebate scheme, where you can claim up to 2 weeks of SSP per employee."

In the second case, he cannot work because of coronavirus, and is not sick, so should be able to be furloughed, providing the detailed conditions are met.

Majic

Thank you Jeremy, still slightly confused with employee 1. Looks like you cannot be on both furlough and SSP at the same time. But this employee was on furlough, so does he come off furlough to go on SSP?

Jeremy535897

In the circumstances you describe, it seems you can choose between furlough and SSP, but I don't think you can furlough someone for days that have already passed.

Majic

Jeremy535897 said:

In the circumstances you describe, it seems you can choose between furlough and SSP, but I don't think you can furlough someone for days that have already passed.

Can you explain what you mean by 'days that have already passed' both employees have been on flexible furlough since January

sheramber

if he is only on furlough for 2 days, what about the other days? Are they SSP?

Majic

What I am trying to say is that employee 1 was furloughed when he caught covid. He was already on a flexible furlough of 1 day per week. Is it ok to put him on furlough for the remaining 8 days (10 day self isolation). Or do I have to say once you caught covid your furlough ended and in effect claim SSP

Jeremy535897

Majic said:

Jeremy535897 said:

In the circumstances you describe, it seems you can choose between furlough and SSP, but I don't think you can furlough someone for days that have already passed.

Can you explain what you mean by 'days that have already passed' both employees have been on flexible furlough since January

All I meant was I don't think you can say to someone on 23 September that they would be furloughed on 22 September.

sheramber

But he wouldn't be on furlough for the raining days. he would be working and getting paid, so surely he is not working but off sick.

Jeremy535897

From my post above:

"Short term illness or self-isolation should not be a consideration when deciding if you should furlough an employee. If, however, employers want to furlough employees for business reasons and they are currently off sick, they are eligible to do so, as with other employees. In these cases, the employee should no longer receive sick pay and would be classified as a furloughed employee."