Check how different employment conditions affect eligibility
Published 30 October 2020
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1. If your employee has more than one job
If your employee has more than one employer they can be placed on a JSS Open or JSS Closed temporary working agreement for each job. Each job is separate, and the government contribution cap applies to each individual employment.
Employees can be the subject of a JSS Open or a JSS Closed claim in one job and continue working for another employer where they receive their normal wages.
2. If your employee is on or has just returned from statutory parental leave
The normal rules for maternity, shared parental, adoption, paternity or parental bereavement leave and pay apply.
You can claim through JSS Closed for enhanced (earnings related) contractual pay for employees who qualify for either:
You may be able to claim through JSS Open when the employee returns from statutory parental leave, provided they meet the relevant eligibility criteria.
The government will introduce parental pay legislation as soon as possible (covering maternity allowance, maternity, paternity, shared parental, adoption and parental bereavement pay) to avoid parents losing out on their entitlement to parental pay as a result of being put on the Job Support Scheme during the relevant assessment period.
3. If your employee gets Maternity Allowance
If your employee is getting Maternity Allowance while they’re on maternity leave, they should not be claimed for under either JSS Open or JSS Closed while receiving Maternity Allowance.
If your employee has agreed to be put on JSS Open or JSS Closed, tell them to contact Jobcentre Plus to stop their Maternity Allowance payments.
4. Ending maternity leave early to claim through the JSS
If your employee agrees to be put on JSS Open or JSS Closed and they decide to end their maternity leave early, they will need to give you at least 8 weeks’ notice of their return to work and they will not be eligible for JSS Open or JSS Closed until the end of the 8 weeks.
Employees who are considering ending maternity, or other family-related, entitlements early may wish to take independent advice, for example through the Advisory, Conciliation and Arbitration Service (Acas).
5. If your employee goes on sick leave whilst on the Job Support Scheme
Employees placed on the JSS Closed or JSS Open retain their statutory rights, including their right to Statutory Sick Pay. This means that employees on JSS who become ill, due to Coronavirus or any other cause, or are required to self-isolate, must be paid at least Statutory Sick Pay if they meet the other eligibility criteria.
6. If your employee is on a fixed term contract
If your employee’s fixed term contract has not already expired, it can be extended, or renewed.
An employee who was on a fixed term contract that expired after 23 September can be re-employed after 23 September and claimed for provided that the other eligibility criteria are met.
7. If you employ apprentices
Apprentices can agree and be put on a JSS temporary working agreement and receive support through JSS Open or JSS Closed in the same way as other employees and they can continue to train if it is possible for them to do so.
However, you must pay your Apprentices at least the Apprenticeship Minimum Wage/National Living Wage/National Minimum Wage (AMW/NLW/NMW) as appropriate for all the time they spend training. This means you must cover any shortfall between the amount you can claim for their wages through this scheme and their appropriate minimum wage.
Guidance is available for changes in apprenticeship learning arrangements because of coronavirus (COVID-19) in:
8. If your employee does volunteer work
An employee on a JSS Open or JSS Closed temporary working agreement can take part in volunteer work during their hours not worked, as long as they do not provide services to or generate revenue for, or on behalf of your organisation or a linked or associated organisation.
You cannot put your employee on a JSS Open or JSS Closed temporary working agreement and then ask them to volunteer for you in the same or a different role during hours not worked.
If your employee wants to volunteer during the coronavirus (COVID-19) pandemic they can and information is available on how to do so safely.
9. If your employee does training
Employees can engage in training in working hours while being on a JSS Open temporary working agreement. Hours your employees undertake training, which you pay them for at their full rate, will count towards the 20% usual hours requirement for JSS Open.
Employees can also engage in training whilst on a JSS Open or JSS Closed temporary working agreement during hours not worked as long as, in undertaking the training, the employee does not provide services to, or generate revenue, for or on behalf of their organisation or a linked or associated organisation. Employees should be encouraged to undertake training where this is possible.
Where training is undertaken by employees at the request of their employer during hours claimed for as not worked on a JSS Open or JSS Closed temporary working agreement, they are entitled to be paid at least the Apprenticeship Minimum Wage/National Living Wage/National Minimum Wage (AMW/NLW/NMW) as appropriate for all the time they spend training.
JSS Open example
James enters a JSS Open temporary working agreement on 1 November 2020 until 30 November 2020. James normally works 5 days a week and earns £1,000 a month.
He works 20% of his usual hours and receives £200 for 1 November 2020 to 30 November 2020 pay period. His employer asks him to do 70 hours of training in the period in unworked hours.
For hours not worked (80%), he will get 66.67% of his usual pay £533.36. 5% of this is payable by the employer (£40) and 61.67% (493.36) can be claimed from the government. James is over 25 and the appropriate National Living Wage is £8.72. He completed 70 hours of training, so he must be paid at least £8.72 x 70=£610.40
James’s employer must pay him an additional £610.40-£533.36= £77.04, which they will not be able to claim under the Job Support Scheme. James must be paid at least £610.40 + £200 = £810.40 for the pay period 1 November 2020 to 30 November 2020.
JSS Closed example 1
Jack enters into a JSS Closed temporary working agreement on 1 November 2020 until 7 November 2020. He normally works fixed shifts for 40 hours a week and earns the National Living Wage which is £8.72 per hour for Jack because he is over 25.
He receives £232.54 for the week 1 November 2020 to 7 November 2020, which is less than the National Living Wage. His employer instructs him to do 30 hours of training this week which qualifies for the National Living Wage - he must be paid at least the National Living Wage for this time. To be eligible for to be covered by the JSS grant this training must not raise revenue or provide a service for the employer.
Jack has completed 30 hours of training, so he must be paid at least £8.72 x 30 = £261.60.
Jack’s employer must pay him an additional £261.60 - £232.54 = £29.06, which they will not be able to claim under the Job Support Scheme. Jack must be paid at least £232.54 + £29.06 = £261.60 by his employer for the pay period 1 November 2020 to 7 November 2020.
JSS Closed example 2
Alex enters into a JSS Closed temporary working agreement on 1 November 2020 until 7 November 2020. Alex earns £600 per week. She normally works fixed shifts for 35 hours a week.
She receives £400.02 for the 1 November 2020 to 7 November 2020 pay period for hours not worked. Her employer instructs her to do 30 hours of training this week, she must be paid at least the National Minimum Wage for this time.
Alex is aged between 21 and 24 so the appropriate National Minimum Wage rate is £8.20. To be eligible for to be covered by the JSS grant this training must not raise revenue or provide a service for the employer.
Alex has completed 30 hours of training, so she must be paid at least £8.20 x 30 = £246.00 for hours not worked. Alex’s employer does not need to top up her pay above the amount they can claim under the Job Support Scheme.
10. If your employee stopped working for you after 23 September 2020 and you then rehire them
If your employee ceased employment after 23 September 2020 and you then rehired them, you can still claim for them under JSS Open and JSS Closed provided that they meet the relevant eligibility criteria.
11. If your employees have been transferred under TUPE and or a change in ownership
You can claim JSS Open or JSS Closed in respect of the employees of a previous business transferred after 1 August 2020 if either the TUPE or PAYE business succession rules apply to the change in ownership.
You can also claim in respect of the employees associated with a transfer of a business after 1 August 2020 from the liquidator of a company in compulsory liquidation where TUPE would have applied were it not for the company being in liquidation.
Employees who have been transferred under TUPE and or a change in ownership prior to 1 August 2020 are treated the same as all other employees.
Read more guidance on TUPE rules.
Read more guidance on business succession.
12. If you’ve consolidated your payroll and have new employees on it
Where a company or a group of companies have multiple PAYE schemes and there is a transfer of employees from these schemes into a different PAYE scheme as a consolidation after 1 August 2020, the new scheme can claim either JSS Open or JSS Closed in respect of the transferred employees.