Labour Research May 2020

Law Matters

Maternity leave during furlough

The government guidance on the Coronavirus Job Retention Scheme (see page 21) states that the “normal rules apply” to employees who are on maternity, adoption, paternity or shared parental leave.

But employers who pay contractual maternity pay that is higher than Statutory Maternity Pay are entitled to claim 80% of those payroll costs under the scheme, which means that an employee can be put on furlough while they are on maternity leave.

What remains unclear is whether an employee who agrees to go onto furlough can go back onto maternity leave afterwards, and this needs clarification by the government.

It would be unwise to accept furlough during maternity or any other type of parental leave until this is established.

https://www.gov.uk/government/news/furloughed-workers-to-receive-full-parental-leave-entitlement