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SMP and reduced pay during qualifying period

14 replies

LisaSimpsonsbff · 08/02/2018 11:41

I may have misunderstood, but my understanding is that the 90% of pay you get for the first 6 weeks of SMP is based on your weekly earnings for the eight weeks prior to your qualifying week, which is 15 weeks before your due date - so weeks 17 to 25 of the pregnancy? Is that right? If so, what happens if a specific (and unique) circumstance reduces your pay during that period? My union have called 14 days of strikes, all of which fall in that period for me. I think this means I would lose a huge chunk of that money (14/40ths of it) if I strike - is that right? I asked my union local branch and they said they didn't know (though they said they didn't think it would work like that, but didn't say why they thought this) and would get back to me, but they haven't yet and the strike is approaching in the next couple of weeks. If any knowledgeable people can help me to find the answer then I'd be very grateful!

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flowery · 08/02/2018 12:20

I can't think of a reason why it wouldn't work like that I'm afraid.

In the same way as if a person happens to get a bonus during that 8 week period then it is included in the calculation, and if someone is off sick and therefore on reduced pay, that reduced pay is what is used.

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LisaSimpsonsbff · 08/02/2018 15:21

Thanks flowery - as I said that's what I thought too, but couldn't find a straight answer!

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waterlily200 · 08/02/2018 15:28

We had a 1 day strike when I was pregnant the first time and I had to cross the picket, I explained I was pregnant and they waved me through as it would affect any pay you receive.

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Piffpaffpoff · 08/02/2018 15:32

I benefited from this in the way that flowery described in that my annual bonus fell in the qualifying period so I got more SMP. There was quite the baby boom in a certain period each year due to this.

I don’t know much about strikes but I’d like to think what Waterlily describes should be possible. I think you should speak to the Union and explain your circs and see what they say.

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waterlily200 · 08/02/2018 15:34

I was at a council at the time.

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LisaSimpsonsbff · 08/02/2018 17:05

Thanks - have explained circs to the union, and so far they haven't been hugely helpful (though obviously, to be fair, they're very busy at the moment). Their FAQs say that no one is exempt, though, so they're obviously not blanket exempting pregnant women.

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Violetrose123 · 08/02/2018 18:20

Forgive my ignorance, but what happens if you break the strike? Do you lose your union membership?

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Piffpaffpoff · 08/02/2018 18:21

Could you phone in sick on strike days (I too know nothing about strikes so apologies if this is a silly question?)

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BakedBeans47 · 08/02/2018 18:39

Could you phone in sick on strike days (I too know nothing about strikes so apologies if this is a silly question?)

For Gods sake don’t do this

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superram · 08/02/2018 18:40

I’m a teacher and my union wouldn’t expect me to strike in this situation.

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Iprefercoffeetotea · 09/02/2018 09:19

Just go into work. You're pregnant for goodness sake.

This is one of the reasons I don't agree with picket lines. By all means go and protest somewhere, but don't interfere with other workers going into work.

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BakedBeans47 · 09/02/2018 09:54

I would explain to the union that you can’t afford to have your pay reduced over this period and therefore for reasons related to your pregnancy and maternity you will be unable to participate in strike action on this occasion. Put it in writing to them.

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flowery · 09/02/2018 11:10

I would agree with considering going to work anyway. It’s one thing having your pay docked by the days you are on strike, but for you this will have a much bigger impact financially than it will for your non-pregnant colleagues.

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Olga81 · 09/02/2018 12:21

When I've been in workplaces that have been on strike previously, the union explicitly told pregnant women not to strike due to this issue.

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