To need help with understanding how strike action will affect my maternity pay and what my rights are?

[Worriedaandconfused]

Hi, I’m a teacher.

I have decided to take strike action (not getting into reasons here) but only just realised this could affect my maternity pay. I’m currently 22weeks pregnant (as of tomorrow) and due on June 2nd. However, I may need a c-section (won’t know until 32-ish weeks) so mat leave would potentially start w/c 8th May.

The first of serval strike days are this coming up and begin Wednesday (1st Feb) and am now worried it will cost more than just a days wage for me and could potentially lead to a loss of mat pay, too. I’m part-time anyway, so the money is needed and will be especially NEEDED while on mat leave.

The NEU (my union) says the following:

I’m pregnant, will striking affect my maternity pay?
Most pregnant women can join a strike without affecting their maternity pay, but entitlement to statutory or contractual maternity pay can sometimes be affected by taking strike action. If you have less than a year’s service with your current employer, or if the strike days fall in the eight week period immediately before the 15th week before your expected week of childbirth, contact NEU AdviceLine for further guidance.

I have contacted the advice line (still awaiting a response) but am still struggling to understand if the first strike day will impact mat pay. Can I choose to strike this time, but not next? My head asked about striking and have committed - do I have the right to change my mind?

Please help a very worried teacher out! 😭

p.s. name changed for this post. I probably won’t respond to comments as I’ll be changing back and don’t want to confuse things but appreciate all/any advice and thank you all in advance.

I think that the strike will fall into your qualifying weeks so if it does then that would affect your maternity pay. You can strike on some days and not others and you can change your mind. Some people will not let their managers know in advance as they are not required to.

In your position I wouldn't strike and if you explain to your other striking colleagues that you support them but can't risk your mat leave pay I'm sure they would understand.

In my experience, any union of which I've been a member negotiated exemptions for pregnant members i.e. they attended work as normal and were not considered to be strike-breakers.

Everyone understood the exemption was in respect of the effects of strike days on MP.

If you are in any doubt regarding dates, don't strike.

Colleagues will understand.

Meant to also say, I know some women who did not strike due to pregnancy, along with those deemed to be life and limb cover, paid their day's salary to the union's hardship fund, to salve their conscience!

Not suggesting you do so, but it may be an option if you wish?

By my calculations you need to ensure you don’t strike until 17 February or later.
just explain to your colleagues. They should understand.

So, your maternity pay will be based on your pay over a certain period during your pregnancy - I'm guessing this period is the 8 weeks preceding your 15th week of pregnancy, just you should be able to check this in your maternity policy. If a strike falls during this period, then your pay will be reduced, and this the average pay your maternity pay is calculated from will be reduced. Most Unions will advise a member not to strike if in this situation.

You can choose to strike or not separately for each day of striking.

I would guess if you strike during the weeks your maternity pay is calculated then yes your maternity pay will be decreased.

Be careful about calculating dates from when your mat leave will start, you might think you'll be ok for the first strike but you might not of baby arrives early and mat leave starts early. DS was six weeks early, long before I'd planned to start mat leave.

Thank you for this post, I'm due on 28th May and literally in exactly the same position as you!!

I spoke to my head about it and he rang our HR department who said it shouldn't be a problem and won't affect pay but I'm not entirely sure and feel like I need to chase it up myself. Will follow with interest!

In Scotland if you are under 23 weeks it affects your pay to the extent we were exempt from striking. Over 23 weeks and strike doesn't affect pay.

The dates your pay is calculated from has got nothing to do with when you intend to start maternity leave, or the date your baby is actually born.
Your expected week of childbirth is always calculated from the Sunday before your due date.
15 weeks before this date is the end of the qualifying 8 weeks.

There are loads of calculators online which will show you which dates these include but it works out approximately the weeks where you are 16/17-24/25 weeks pregnant. So essentially you should not do anything to impact your pay between those dates.

I am still waiting for an answer on the advice line. Give them a ring instead. I got an answer in minutes.

Phone them. Certainly during the Scottish teacher strikes, if any teacher falls under certain dates then the union give them an exemption from strike action so they don't risk their mat pay.

Thank you for this post and the comments, I’m in the same position, due on 26th May and have (maybe naively!) only just realised the impact a strike might have on my mat pay.

It will be an unpleasant day on Wednesday to be in school after voting for strike action. What’s the phrase? Cognitive dissonance, where your belief doesn’t match the action. 🤦🏼‍♀️

If you strike in weeks 17-25 of pregnancy then yes your maternity pay could be affected as its those 8 weeks that they use to calculate the amount of pay you get.

If it’s your decision to strike, then it’s your decision if it affects your maternity pay, you can’t have it both ways

@Worriedaandconfused This calculator should help www.gov.uk/maternity-paternity-calculator

WRT strikes, yes you can strike some times and not others. Each strike day it is up to you whether or not you strike/work.

Hi all,

I have received the following email from my union:

Thank you for your email.
^^
Please see below some information in relation to your query.
^^
I am pregnant – will going on strike affect my entitlement to maternity benefits?
^^
Most pregnant teachers can join a strike without affecting their maternity entitlements. Your entitlements are based on length of continuous service. Although the week of a strike day will not be included in your length of continuous service, this will not affect the vast majority of pregnant teachers since continuous service is not broken by taking strike action.
^^
OMP
The qualifying service for contractual maternity leave under the Burgundy Book is 1 year's service by the end of the 11th week before the beginning of your EWC. One day of strike action will reduce your continuous service for these purposes by one week. If taking one day of strike action will reduce your continuous service to less than this necessary qualifying period, you should not take action. If you will meet the continuous service requirements, OMP is based on your contractual salary so losing pay on strike days will not reduce the amount of OMP you receive. Similarly, if taking strike action results in your rate of SMP reducing in the first 6 weeks of maternity leave (SMP is 90% of your average weekly earnings for the first 6 weeks of maternity leave), you can still receive normal contractual maternity pay for the first 6 weeks of maternity leave because the Burgundy Book provides for you to receive full pay inclusive of any SMP.
^^
SMP
The qualifying period for statutory maternity pay is 26 weeks’ continuous service. For any week or part of a week you take part in strike action, your continuous service is not broken, but that week will not count in the computation of your period of employment for the purposes of qualifying for SMP. If taking strike action will reduce your continuous service to less than this necessary qualifying period, you should consider whether you are instead eligible to receive Maternity Allowance (see below). Additionally, to qualify for SMP you must have average weekly earnings of at least £123 in the 8 weeks before the 15th week before your EWC. If strike days fall in this 8-week period and will result in your average weekly earnings falling below £123, you should consider whether you are instead entitled to MA (see below). Please note for the vast majority of members average weekly earnings will exceed this amount as the earning requirement is an average of earnings over the entire 8-week period. If you do not qualify for OMP so will rely on SMP only, please note that SMP is paid for up to 39 weeks at the following rate: • 90% of your average weekly earnings (before tax) for the first 6 weeks • £156.66 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks Taking strike action in the 8-week period will result in a reduction to your average weekly earnings.
^^
Maternity Allowance
To qualify for Maternity Allowance (MA) you must have worked and paid full national insurance contributions for at least 26 of the 66 weeks before the week in which the baby is due (part weeks will suffice). MA is paid for up to 39 weeks at the following rate: • £156.66 a week or 90% of your average weekly earnings (whichever is less) Average Weekly Earnings for MA purposes = earnings averaged over any 13 weeks where the member earned the most in the 66 weeks before EWC Taking strike action in the 13 weeks mentioned above will result in a reduction to your average weekly earnings.
^^
Kind regards

I’m still struggling to understand if the strike will reduce my pay from what they’ve written here. I qualify for OMP so am I right in thinking the strike won’t impact my payment of this as above it says this is calculated from contractual salary?

SMP shouldn’t be impacted either as I’ll still earn above the threshold for the week (£123), even accounting for the strike day.

I’ve posted the response from NEU in case it helps you out!

Still a little unsure myself, if you can offer any insight?

I’ve posted the response from NEU in case it helps you out!

Still a little unsure myself, if you can offer any insight?

Yes, that’s why I’m asking for advice because my decision could be swayed if maternity pay will be affected. 🙄

Don’t need the snarky comment when I’m just trying to figure out the implications so I can make an INFORMED CHOICE. 🙄🙄🤦🏼‍♀️🤦🏼‍♀️

Thanks so much for this link!

I’ve been on and entered baby’s DD etc and it’s asked for my ‘last normal payday on or before Saturday, 18 February 2023’ and ‘last normal payday before Wednesday, 07 December 2022’. I get payed on the last working day of each month, so won’t get a payslip until after 18th Feb.

It asked for total pay between Thursday, 01 December 2022 and Tuesday, 31 January 2023, so am I right in thinking the February strike won’t be accounted for in calculating SMP?

@Worriedaandconfused I’m very cautious about saying Feb pay won’t be used, from what you have said think you are correct but this is your mat pay not mine and you are taking the risk.

Personally I would email HR/payroll and ask them to confirm the period they use is 1/12 and 31/1. No need to mention the strike.

I agree with this. You don’t need the additional stress or worry regarding your pay.

Hello,

I’m not sure if you got to the bottom of this, but I am due beginning of July.

I was initially told by my pay roll that it would affect my maternity pay. I rang my union who worked it all out for me and told I would not be affected. I went back to payroll who have since agreed that it will not be affected.

I have since double (triple) checked with my union and they have basically told me that if your school uses the burgundy book to calculate maternity pay (which mine does) then it will definitely NOT be affected by any strike action.

Hope you managed to get to the bottom of it!