Coronavirus: Will I Get Paid If I Take Time Off Work To Look After A Poorly Relative?

Coronavirus: Will I Get Paid If I Take Time Off Work To Look After A Poorly Relative?

The number of coronavirus cases across the UK continues to rise – with some of those who haven’t contracted the virus themselves needing to take time off work to look after poorly relatives.

Laura Kearsley, partner and solicitor in the employment team at law firm Nelsons, answers the most frequently asked questions on employee rights during the pandemic.

One of my relatives has coronavirus – if I take time off to care for them, will I get paid?

“You are entitled to take a reasonable amount of emergency time off work to take care of your dependants (a spouse, partner, child, grandchild, parent or someone who depends on you for care). However, your employer does not have to pay for the time you have taken off.

“If taking unpaid leave is not practical, the other option is to use some of your annual leave entitlement. Many employers will allow workers to take holiday at short notice or make the time up further down the line.”

“If your poorly relative is a member of your household, then you will be required to self-isolate in any event. Self-isolating because you or a member of your household has coronavirus or coronavirus symptoms entitles you to sick pay (see below)”.

Will I get paid if I’m not able to work due to having coronavirus?

“If you’re poorly with coronavirus symptoms and unable to work, you will be entitled to sick pay, as per government advice. Statutory sick pay (SSP) is available to those who are employed and earning at least £118 a week. Prime Minister Boris Johnson has also confirmed that workers will get SSP from the first day off work, not the fourth. 

“The current rate of SSP is £94.25 per week and can be paid for up to a maximum of 28 weeks for the days employees usually work. It’s up to your employer – and should be set out in your contract – as to whether you’re paid more than SSP.”

Can I carry my annual leave days over because of the pandemic?

“With the lockdown leaving most people housebound, it’s likely many of us will have ample amounts of annual leave days to take once restrictions are lifted.

“At the end of March, the government announced that employees who have not been able to use their statutory annual leave entitlement as a direct consequence of coronavirus are able to carry over up to four weeks of unused leave into the next two years.

“The new measure means employees across the country can carry on working in support of their employers’ effort to continue business against the coronavirus impact without losing out on the bulk of their annual leave entitlement if they are unable to take it.”

My employer has asked me to take a pay cut. What are my rights?

“As a pay cut is a variation of the terms and conditions of your employment, your employer must have obtained consent from you before implementing one. If you’re reluctant to accept a pay cut, your employer can take steps to either insist on the changes or consider alternatives such as furlough or redundancy.”

Can I take time off work to volunteer?

“A new temporary form of statutory leave – called emergency volunteering leave (EVL) – has been introduced by the government for workers who wish to help support essential health and social care services during the Covid-19 outbreak.

“EVL – a form of unpaid leave – can be taken in a block of two, three or four weeks and you can only take one block in any 16-week period.

“You are entitled to be absent from work for the purposes of EVL, providing you have obtained an emergency volunteering certificate and one of the following exceptions does not apply:

  • You are employed by a small business with less than ten staff;
  • You are employed by the legislature, for example the Crown, or you are a member of the House of Commons or Lords; or
  • You are a police officer.

“You must notify your employer of your intended absence from work at least three working days before the period specified in the emergency volunteering certificate. You must also provide your employer with a copy of the certificate.”

I have been furloughed – can I still take EVL?

“If you have been placed on furlough leave, you can notify your employer of your intention to take EVL. However, while you’re on EVL, you will not be entitled to receive the pay you would have received had you been on furlough leave.”

 

For more information on employee rights, please visit www.nelsonslaw.co.uk/employee-rights or call 0800 024 1976. For the latest government advice on coronavirus, please visit www.gov.uk/guidance/coronavirus-covid-19-information-for-the-public.

 

Author of this COVID-19 Business Support Hub Article

Laura Kearsley, Partner & Solicitor – Nelsons

Laura Kearsley

Laura Kearsley

Partner & Solicitor – Nelsons

Nelsons was established in 1983 and provides support to businesses, individuals and families with their legal and investment needs.

Nelsons’ experience and depth of resource has also enabled them to offer services to other solicitors through Fusion Legal – a mutually-beneficial referrals and support network for law firms.

The firm is recognised by the leading, independently researched Legal 500 and is recommended by them in more than 20 practice areas.

The firm is recommended by Chambers and Partners and also features in The Lawyer’s UK 200 Annual Report of the UK’s largest 200 law firms. Nelsons has offices throughout the East Midlands in Nottingham, Leicester & Derby. 

 

How to get in touch with Laura Kearsley

www.nelsonslaw.co.uk

 

 

 

 

COVID-19 Business Support Hub

These are challenging times for business and although our ethos is to only shout about good news, we've created COVID-19 Business Support Hub on the Love Business the website to support you with expert tips, advice and ideas from your fellow businesses to help you get through this COVID-19 crisis. 
 

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