It has been confirmed by HM Revenue & Customs, via updated guidance, that under the Coronavirus Job Retention Scheme (CJRS) employers are able to place employees on furlough leave when their health has been affected by Covid-19 and in other circumstances, including if they cannot work from home or have to work reduced hours, due to the fact that they:
- “are clinically extremely vulnerable, or at the highest risk of severe illness from coronavirus and following public health guidance
- 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.”
The updated guidance resolves an area of uncertainty in relation to the CJRS and furlough leave regarding parents impacted by school closures.
Comment
Whilst the announcement is positive news for parents, whether an employee can actually be placed on furlough leave in such circumstances will be dependent on whether their employer agrees to it or not. If the employer does not agree to it, then the employee is still legally able to take limited time off to arrange care for their dependant(s), but they may not be paid for this time.
The CJRS is currently set to be remain in place until the end of April 2021.
How Nelsons can help
Laura Kearsley is a Partner in our expert Employment Law team.
For further information on the CJRS, furlough leave or any related subjects, please contact Laura or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.