What does it mean if an employee is 'furloughed'
When on furlough leave, employees do not work but continue to be employed
and paid. Continuity of service is unaffected and the employee will
continue to accrue annual leave whilst on furlough leave. Although
employees cannot do any work for their employer whilst they are on
furlough, they can do volunteer work or training.
Under the extended CJRS, the government will cover 80% of salaries, up to
£2,500 a month of all workers who are placed on furlough leave. Employers
are required to pay employers’ National Insurance and pension
contributions.
The furlough payments are subject to tax and National Insurance in the
usual way. Employers will have to claim for financial assistance by means
of an HMRC portal (accessed via the Government Gateway) and employees will
be paid in the normal way.
The CJRS will be reviewed in January 2021, at which time employers may be
asked to contribute more to employees’ salaries.
Being ‘furloughed’ involves a change of employment status and so the
employer must:
· Designate (i.e. select and tell) the employee that he or she has been
placed on furlough leave;
· Confirm the furlough leave in writing before the start of the furlough
leave; and
· Keep the employee on payroll.
The employment contract will not change in any other way and the employee
will remain bound by the terms and conditions of the contract and staff
handbook.
Employers are not required to ‘top-up’ salaries to 100%. The government
scheme only requires employers to pay staff 80% of their normal pay.
In order to be eligible for CJRS, employees must have been on the PAYE
payroll on 30 October. Employers can claim under the CJRS even if they have
never used the CJRS or furloughed the employee before.