Q&As

Can an employee who is returning from maternity leave be placed on furlough under the coronavirus job retention scheme immediately following their return and, if so, would their furlough pay be based on their rate of pay pre-maternity leave, or on the average they received while on maternity leave?

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Published on LexisPSL on 14/04/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Can an employee who is returning from maternity leave be placed on furlough under the coronavirus job retention scheme immediately following their return and, if so, would their furlough pay be based on their rate of pay pre-maternity leave, or on the average they received while on maternity leave?

The government published two sets of guidance on the coronavirus job retention scheme (CJRS) on 26 March 2020:

  1. guidance for employers: Claim for wage costs through the coronavirus job retention scheme, and

  2. guidance for employees: Check if you could be covered by the coronavirus job retention scheme

These were updated on 4 April, 9 April and 15 April, and on 15 April the government also published a Treasury Direction.

For further information, see:

  1. HMRC publishes updated employer and employee guidance on Coronavirus (COVID-19) job retention scheme

  2. HMRC publishes second update to employer and employee guidance on Coronavirus (COVID-19) Job Retention Scheme, and

  3. Treasury gives legal effect to Coronavirus Job Retention Scheme and updates guidance a third time

A woman who takes ordinary maternity leave is entitled to return to the ‘same job’ at the end of that leave unless that job is no longer available. A woman who also takes a period of additional maternity leave is entitled to return to their old job unless it is not reasonably practicable for he

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