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Can I strike without it impacting my maternity leave/pay?

9 replies

SS96 · 25/06/2023 13:14

Hi, I'm a teacher with current baby brain- so help is much appreciated.

I am a teacher who is 3 months pregnant and plan to take part in further strikes in July. However, I am aware that striking can potentially impact my maternity leave and would like some confirmation from others who are in this situation before digging for information at school.

I have found this on my union website:
'The qualifying period for statutory maternity pay (SMP) is 26 weeks’ continuous service. The qualifying service for contractual maternity leave under the Burgundy Book and Green Book is 1 years’ service by the end of the 11th week before the beginning of your EWC. 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. 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 any of these necessary qualifying periods, you should not take action.
Taking strike action is unlikely to impact on the assessment of your earnings for the purposes of calculating your maternity pay. However, If the strike days fall in the eight week period immediately before the 15th week before your expected week of childbirth, i.e. from the beginning of week 18 to the end of week 25 of your pregnancy.'

I know this states exactly what I need to know but I currently can't figure it out at the moment, my head is all over the place!

Thank you in advance.

OP posts:
SS96 · 25/06/2023 13:18

(I am due 07.01.2024)

OP posts:
Justjn1 · 25/06/2023 13:30

Curious to know the answer to this one too - I'm due 1.10.23. Hadn't even considered the fact striking could impact mat pay 🤦🏻‍♀️

Ilikewinter · 25/06/2023 13:33

I think only if the strikes run in mid august ..... which would be 18 weeks. Not 100% sure though 🤣🤣

LadyofLansallos · 25/06/2023 13:35

Do the strike days fall between week 18 and 25?

PathOfLeastResitance · 25/06/2023 14:22

I would just call the union so you know for definite. I haven’t been able to strike as we are applying for mortgages and the coatings are tight so any loss of earnings would impact.

batmansbike · 25/06/2023 15:23

If the strike falls within your qualifying pay period then your occupational maternity pay will be reduced as your earnings will be lower than usual, yes.

Foxesandsquirrels · 26/06/2023 08:21

batmansbike · 25/06/2023 15:23

If the strike falls within your qualifying pay period then your occupational maternity pay will be reduced as your earnings will be lower than usual, yes.

This.

dementedpixie · 26/06/2023 18:15

If the strike is in weeks 18-25 of pregnancy then it could affect your maternity pay as those are the weeks used to calculate your pay.

Justjn1 · 01/07/2023 22:18

I ended up ringing the national advice line to query this, they said that because I'd had 14 years with the same employer that it would have no impact. Don't know if that information helps you out at all..

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