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Coronavirus: your questions answered
These are some of the common questions we have been receiving about coronavirus and working parents.
Below are some of the most common questions we have been receiving at workingmums.co.uk in connection with the coronavirus:
Who should be going out to work given the lockdown?
Kate Ledwidge, senior associate at law firm JMW Solicitors, says: “There are anecdotal reports out there about non-critical workers still either being forced or being permitted to travel into work to do their jobs.
It is hard to tell exactly what is “absolutely necessary”, to use Boris Johnson’s words, in terms of work, but the government guidance was clear that if there is any way you can stay at home, and not travel into work, you should not do so for the protection of public health.
Therefore, if employers are forcing workers to come in to perform non-critical roles, this could potentially lead to a legal claim from a health and safety perspective or even a constructive dismissal claim (at a push).
This would be particularly the case for businesses that the government has specifically told to close – e.g. clothes shops, beauty salons, restaurants and gyms. However, the biggest immediate issue is the serious reputational damage if you are seen to be prioritising profits over public safety.
“Part of the problem also seems to be that some industries are genuinely unclear on what they should be expected to do.
For example, in the construction sector, businesses have been told that they can keep sites open if they can work safely with social distancing, but putting this into practice is proving difficult particularly on the commute into work on the tube in London. Also, this makes the guidance for self-employed workers such as plumbers and electricians difficult – what is an essential versus a non-essential plumbing job, for example?”
Health Secretary Matt Hancock has said that people can continue to go into work if they cannot work from home.
On tax credits: Do parents need to inform HMRC and stop tax credits if they are not working due to coronavirus?
Working tax credit can continue for the first 28 weeks you are off work if you are self-employed and you get Employment Support Allowance or would be eligible for it or Statutory Sick Pay if you were an employee. If not, your tax credits will stop after four weeks.
If you are not working enough hours for more than four weeks, you might also stop getting the childcare element of WTC. Let HMRC know if your circumstances change.
Childcare fees: Do parents have to continue to pay fees if they are not earning due to coronavirus if this may be only temporary due to being off on unpaid parental leave etc?
All childcare settings work in slightly different ways, so check the contract you have with your provider. The Government says it is providing support for childminders and nurseries, such as loans and continued payment of early years funding and asks that they be reasonable with regard to continuing to charge parents who cannot send their children to childcare due to lockdown.
I’m self employed and can’t work due to coronavirus. What can I do?
The Government has announced that self employed people can claim the equivalent of Statutory Sick Pay if they have lost their job or are unable to work due to the coronavirus. They have also waived self assessment until January and VAT for this quarter.
If you are sick with the coronavirus, you can claim Employment and Support Allowance or Universal Credit [bearing in mind that if you are on tax credits UC will replace these. You will need to check if you will be better off under UC or tax credits. www.turn2us.org.uk has an online benefits calculator where you can do this]. If you are already in receipt of UC you may be entitled to more benefits if your wages go down as a result of coronavirus – click here to find out more.
The Chancellor has also announced a new self-employed income support scheme for those whose earnings come mainly from self employment who are affected by the coronavirus pandemic.
The Government will pay self-employed people a taxable grant based on their earnings over the last three years [or less if they have only been trading for a year or so], worth up to 80% of their average earnings and capped at £2,500 a month. The scheme will run for at least three months. More here.
Can I stay off work if I am pregnant?
If you are an employee, you should have a right to stay at home for health & safety reasons if you are pregnant, especially if you are under greater risk at work than in the normal outside world. They should offer you alternative work or adjust your work to remove risk or otherwise put you on paid leave. If not, you don’t have the right to full pay if you stay at home, but could receive Statutory Sick Pay.
If I am pregnant and have to self isolate during the qualification period, will it affect my SMP?
If you go onto Statutory Sick Pay during your qualifying period [the eight weeks until the end of the 26th week of your pregnancy] you may not earn enough to qualify for SMP.
You should, however, qualify for Maternity Allowance and if your employer isn’t able to pay people due to the coronavirus outbreak, you might be able to agree with them that you should be covered by the Job Retention Scheme when you could get 80% of your pay, depending on certain conditions.
If I cannot work due to underlying health problems can my employer claim compensation? Can I stay off work if I fear for someone in my family who is vulnerable?
Your employer has a duty to protect your health and safety. If you are pregnant or you or one of your ‘dependants’ have a pre-existing condition which would make you or them very vulnerable to coronavirus, you could argue that it would be a breach of your employment contract to force you to come to work.
You don’t, however, have a right to not come to work just because you are worried about coronavirus, although you can try to negotiate working from home if you can with your employer.
Can I be furloughed while on maternity leave?
It was initially unclear whether employees on maternity leave needed to bring that leave to an end before being moved on to furlough, or whether either statutory maternity pay or enhanced maternity could be claimed through the scheme.
However, the latest guidance states that employers can claim for enhanced maternity pay through the furlough scheme, suggesting that employers can furlough employees on maternity leave.
What can I do if my childcare is closed or I use grandparents for childcare and am worried about putting them at risk?
If you or your partner, if you have one, are a key worker, your nursery or school may still be open and if not, contact your local authority. Hours of opening may be altered due to staffing issues. You can take parental leave or time off for dependents, but this is unpaid. If you absolutely cannot work due to childcare issues and shielding you can ask to be furloughed. For full information on childcare, click here.
*If you want to speak to anyone about any of these issues or others to do with work and family life, Working Families runs at legal advice line for parents and carers – +44 (0) 0300 012 0312. [email protected]
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Comments [22]
Anna says:
Im and my husband are supermarket workers. Im on maternity leave, look after 1 month old baby. Can out 2 elder kids get place at school during locked down?
Mandy Garner says:
You can ask your local authority, but, while schools have been advised that only one parent needs to be a key worker in order to be able to go to school, the guidance now says: “Parents and carers should keep their children at home if they can.”
H Houden says:
What help are nurseries getting from the government? We have been asked to continue to pay fees whilst isolating (due to staff member testing positive) but nursery will not confirm if this is to pay for staff or if they are furloughed whilst isolating.
Mandy Garner says:
This would be up to the individual nursery and depend on eligibility for various schemes. The PACEY site gives details of the kind of support childcare providers may be eligible for – https://www.pacey.org.uk/working-in-childcare/spotlight-on/coronavirus/sources-of-support-coronavirus/
Oatoro says:
Hi, my school and clinical placement has been closed due the pandemic my children does not need any child care services however, my childminder is asking me to paying her from my child care student grant i want to if it is right to keep for signing for payment. .
Mandy Garner says:
Hi, It would depend on the agreement you have with your childminder. The Government has asked childcare providers to be understanding of parents’ positions and has provided funds for helping self employed workers who cannot work due to the pandemic.
Kirsty says:
I am a single mum, I work in the justice system so therefore a key worker. My daughters nursery has been closed so I have been taking my daughter to her aunties. No underlying health concerns. The only other nursery around that will take other children is too expensive. Am I currently breaking the law?
Mandy Garner says:
Hi, The Government advice on informal care mentions older grandparents and those at risk. It also talks about the need to reduce social contacts. Local authorities are coordinating childcare for key workers and the Government has directed parents to them. But we do know that some people are using informal care if they are no other solutions. You can see the full information from the Government here – https://www.workingmums.co.uk/coronavirus-childcare-information/. We have asked for clarity on this several times.
KC says:
Hi, I have a term time contract with a childminder for dropping my son off to school in the morning. School is shut hence we dont need her to drop him off , the childminder has underlying conditions so she’s selfisolating and is not looking after any children at the moment. Our contract doesnt cover situations like this, hence neither she, nor I know whether she can ask us to pay any fees for April and the future months. What should happen in this situation if the contract doesnt cover it?
Mandy Garner says:
You will have to negotiate this with your childminder, but she may be eligible for the new self employed income protection scheme so she could investigate that – https://www.workingmums.co.uk/chancellor-announces-scheme-to-protect-income-of-self-employed/
Sandy says:
Hi I’m a single mum of 4. Two at home. I’m also a special guardian for my granddaughter. I work ad a general assistant in a school kitchen.so I just wash up etc.. so im classed a key worker but my children would be in school but I’m but them necessary risk with the numbers of cases and death rising. So my dilemma is risk my job or put the kids at risk. Dont know what to do, my rights . Thank you. X
Mandy Garner says:
Talk to your employer about your concerns. You could ask for parental leave or time off for dependents [which is unpaid] to cover any time off – https://www.workingmums.co.uk/parental-leave-time-off-emergencies-rights/
Lyn says:
The nursery that my child goes closed totally but still asked us to pay nursery fee in full. I work in NHS and my husband paid in reduced hours. One of us has to look after our child. What’s our right?
Mandy Garner says:
It depends on your contract with the nursery, but the Government advice is that nurseries be understanding about parents’ situation and they should have access to government compensation schemes.
Amy dixon says:
I’m a key worker but have diabetes do I still have to go to work
Mandy Garner says:
See https://www.diabetes.org.uk/about_us/news/coronavirus
Jenn says:
I am a key worker my husband is an electrician I have a 2 year old son who goes to my friend when i work will my husband still get paid if he stays home to look after him or is it ok to still send my son to my friend
Mandy Garner says:
Hi, we are waiting to hear what the government says about compensation for self employed workers later today. Is your husband self employed? If he is employed, he could ask for parental leave/time off for dependents, but that would be unpaid. If his earnings drop below a certain threshold he could check out any benefits he might be entitled to on http://www.turn2us.org.uk. This is the latest advice on childcare.
Tanya says:
What happens if you receive help from tax credits but childcare has stopped due to corona virus
Mandy Garner says:
See https://www.workingmums.co.uk/coronavirus-your-questions-answered/
Rebecca Dale says:
Hi the link doesnt help answer the original question. Im able to work from home so my income is not reduced but i no longer have to pay childcare as my nursery has closed. Should i inform tax credits as i get help towards childcare fees? Thank you
Mandy Garner says:
The link does state that you should let HMRC know if your circumstances change so you should inform them.