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Will participating in strike action affect my entitlement to statutory maternity pay (SMP)?

You are entitled to SMP (subject to fulfilling the other statutory requirements) if you have been continuously employed for 26 weeks ending with the week immediately preceding the 14th week before the expected week of confinement (EWC).

The calculation of continuous employment does not, however, include any week during which you participate in strike action. So, if you take strike action and have worked for your employer for less than 26 weeks up to and including the 15th week before your EWC you will lose your right to SMP. If you are in this situation, please advise your branch officers immediately.

Or put another way, a woman needs 26 weeks of continuous service going into the qualifying week (15 weeks before the EWC), but a week in which she is on strike does not count (though it does not break continuous service). So the woman needs an extra week's service before the 15th week (assuming the strike does not affect more than one week of service, otherwise she will need more service to compensate).

It will usually only affect recent employees, because if a woman has, for example, two years of service the issue would only arise if her service is broken for some other reason.

There is further explanation and useful diagram on the Department for Work and Pensions website.

Last updated: 30 October 2013