FURLOUGHED whilst on maternity leave

[Ilovethekittehs]

They have made 50% staff sign furlough contracts and despite being a high performer, I have only been asked to sign this because I'm on maternity leave. I will be out of pocket.

Is this discrimination?

If your maternity leave has already started I wouldn't be signing it.

How is it discrimination if 50% of staff are signing? Also, won't 50% be more than mat pay?

Because the decision as to why I am was chosen is purely based on the fact I'm on maternity, even though I'm a higher performer

I'm in the same position op, except I havent started mat leave yet

Do you have evidence that they have chosen you specifically because you are on maternity?

Furlough is voluntary. Of course the alternative may be being made redundant.

Only enhanced maternity should be cut to 80% and SMP paid in full.

They cant combine furlough and mat leave so unless you've chosen to return from mat leave, the mat leave stands. You cannot be forced on to furlough anyway

To be furloughed you would need to bring your maternity leave to an end. You are the only person who can do that. So say no.

@BernadetteRostankowskiWolowitz I recorded the call with the CEO who said it was just because I'm on maternity, so that they wouldn't have to put someone who was working on furlough.

@flowery I have five months left of mat leave. This is so confusing. 😪

”I have five months left of mat leave. This is so confusing.”

The only person who gets to end your maternity leave early is you. It’s that simple. Your employer cannot force you back from maternity leave and on to a different kind of leave, and if they are obliged to pay you enhanced maternity pay under your contract, failure to do so would be unlawful.

What is the source of info for not being furloughed on mat leave?

Gov website says you can be: www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme

"Some employers ‘top up’ Statutory Maternity Pay and their employees are eligible for an enhanced, earnings related rate of pay. If you are eligible for enhanced (contractual) maternity pay from your employer this is included within the wage costs that your employer can claim through the scheme."

Are you receiving occupational mat pay?

Maternity leave is still subject to employment contractural conditions. You are not rung fenced. The employer must treat each employed person equally and being on mat leave and being furloughed is consistent with employment rights. These are emergency measures and can be applied to employees whether on Mat leave or not. As can other employment benefits such as your ability to apply for another job. Mat leave doesn’t close anyone off from their contract of employment which now covers provisions for being furloughed.

Try maternity action or pregnant then screwed

If you remain on SMP and haven’t brought your own maternity leave to an end the guidance says that your employer can use the scheme to claim back some of the enhanced maternity pay costs.

That isn’t the same as being able to place someone on furlough who is on maternity leave currently, and claim back 80% of full pay rather than whatever maternity pay they are getting, which is obviously normally less. To do that the individual would need to end their maternity leave.

OP for your employer to claim 80% of salary and put you on furlough so you are no longer receiving SMP you would have to bring your maternity leave to an end.

To claim some of your enhanced pay costs under the scheme they can do that without your consent. To reduce how much enhanced pay you are actually getting they would need your consent. So don’t give it.

They could of course make the op redundant. Be pragmatic.

Unless you are receiving enhanced maternity pay your employer is unable to benefit from the retention scheme. Under SMP employers reclaim at least 92% of these costs anyway.

If you are recieving enhanced maternity pay your employer can reclaim 80% like everyone else.

OP it may be confusing because there are conflicting views on this thread.

I'm a rare poster but just dropping in to say please listen to Flowery, she is correct.

They could of course make the op redundant. Be pragmatic.

If they made the OP redundant because she refused to end her maternity leave early and be furloughed instead that would be a clear case of maternity discrimination. Even if the OP has been there less than 2 years she would be able to take her employer to tribunal and would win. It would be incredibly stupid of her employer to make her redundant. That doesn't necessarily mean they won't do it, of course.

OP - Listen to flowery. She knows what she is talking about.

If the military is insolvent of course they make all employees redundant! That is what could happen if employees won’t furlough. Companies will close because of this and being on maternity leave won’t save an employee. If there are genuine reasons for redundancy all employees can be considered for redundancy. Obviously not the ones quoted by prh but I didn’t suggest they would. Millions of people could be redundant pretty soon!

Military ? Company