KIT Days: Your Essential Guide to Maternity Leave

Maternity leave is a pivotal time for new parents, offering dedicated time to bond with a newborn. However, for many, the thought of returning to work after an extended period can feel daunting. This is where Keeping in Touch, or KIT, days become an invaluable tool, designed to bridge the gap between maternity leave and a seamless return to the workplace. Far from being a mandatory requirement, these days offer flexibility and opportunity for both employees and employers to maintain a connection, ensuring a smoother transition back into professional life without impacting statutory maternity entitlements.

Understanding the intricacies of KIT days is crucial for any employee on maternity leave, as well as for employers seeking to support their staff effectively. This guide delves into the specifics, from how many days you can take and when, to what kind of work you can do and how you'll be paid. We'll also clarify common misconceptions and highlight the key protections afforded to employees, ensuring you’re well-informed to make the best decisions for your return to work.

What Exactly Are Keeping in Touch (KIT) Days?

Keeping in Touch (KIT) days are a specific provision within UK employment law that allows employees on maternity leave to undertake work for their employer without bringing their maternity leave or statutory maternity pay (SMP) to an end. The primary purpose of KIT days is multifaceted: they enable employees to stay connected with their workplace, keep abreast of any significant changes or developments that may have occurred during their absence, and maintain relationships with colleagues. Ultimately, these days are designed to facilitate a smoother return to work, helping to alleviate the potential challenges of reintegrating into a dynamic work environment after a prolonged break.

It's important to understand that KIT days are not an automatic entitlement, nor are they compulsory. They must be mutually agreed upon between the employer and the employee. This flexibility ensures that KIT days serve the best interests of both parties, allowing for a tailored approach to maintaining workplace contact during maternity leave.

How Many KIT Days Can Be Taken?

Employees are permitted to take up to 10 Keeping in Touch days during their period of maternity leave. This entitlement is fixed, regardless of whether the employee ordinarily works full-time or part-time. The 10-day limit applies to the entire duration of the maternity leave, which can be up to 52 weeks.

A critical point to remember is how a KIT day is counted: working for even a small part of a day will count as a full KIT day. For instance, if an employee comes in for just two hours for a team meeting, that still uses up one of their 10 allocated KIT days. It is not possible to divide the days into half-days or hours; each instance of work, no matter how brief, consumes a full KIT day from the allowance. Exceeding the 10-day limit has significant repercussions: it will automatically bring the employee’s maternity leave to an end, and they would lose their entitlement to any remaining statutory maternity pay. Therefore, careful planning and clear record-keeping are essential for both the employer and the employee.

Who Can Take KIT Days, and Are They Compulsory?

As previously mentioned, KIT days are not an automatic entitlement. They are entirely optional for the employee, and crucially, they must be agreed in advance by both the employer and the employee. This mutual agreement is fundamental to the spirit of KIT days, which are intended to be a flexible tool to support the employee, not a mandated obligation.

Employers are strictly prohibited from penalising employees who choose not to take any Keeping in Touch days. There are many legitimate reasons why an employee might opt out, such as childcare issues, personal health, or simply a desire to fully focus on their new baby. Employees should feel no pressure or fear of negative repercussions if they decide that KIT days are not suitable for them. Similarly, an employee cannot demand to work KIT days if the employer does not agree to them. The voluntary and consensual nature of KIT days is a cornerstone of this provision.

When Can KIT Days Be Worked?

KIT days offer considerable flexibility regarding when they can be utilised during maternity leave. They can be worked at any point from the beginning of maternity leave right up until the end of the 52-week maximum period. However, there is one crucial exception: employees are not permitted to work KIT days during the compulsory maternity leave period immediately following the birth of their child.

For most employees, this compulsory period is the two weeks directly after childbirth. For those who work in factories, this period is extended to four weeks. This compulsory leave is designed to protect the health and safety of both the new mother and her baby, and no work of any kind is permitted during this time. Beyond this period, KIT days can be taken either during paid leave (when receiving SMP or contractual maternity pay) or during unpaid leave. They do not have to be taken on consecutive days, allowing for maximum flexibility to fit around the employee’s personal circumstances and the employer’s needs.

Payment for Keeping in Touch Days

One of the most common questions regarding KIT days revolves around payment. While there is no specific legal guidance or requirement dictating how much an employee should be paid for working a KIT day, employers must still adhere to broader employment laws, such as the National Minimum Wage Act and the Equal Pay Act. Furthermore, any relevant terms within the employee's contract of employment must be honoured.

The fundamental principle is that the employee's status on maternity leave, including their entitlement to Statutory Maternity Pay (SMP), should be preserved. SMP for the year from April 2025 is £187.18 per week. SMP is typically paid for 39 weeks: the first 6 weeks at 90% of the employee's average weekly earnings, and the remaining 33 weeks at either the statutory rate (£187.18) or 90% of average weekly earnings, whichever is lower.

Employers have a few options for paying for KIT days:

• Offsetting against SMP: The employer can offset any pay for KIT days against the SMP payments. This means that if an employee's SMP for a week is £187.18, and they work a KIT day for which they are paid £100, the employer would pay the £100 for the KIT day and then reduce the SMP payment for that week by £100. However, the employee cannot be paid less than the SMP amount they are entitled to receive.
• Contractual Payment in Addition to SMP: Many employers choose to offer additional contractual payments for KIT days above and beyond SMP. This is often seen as a valuable employee benefit and can significantly incentivise employees to utilise KIT days. For example, an employer might pay the employee's normal rate of pay for each KIT day worked. These terms are usually outlined in the employee's employment contract or the organisation’s maternity policy.

Regardless of the method, it is absolutely crucial that the payment amount and rate for Keeping in Touch days are agreed upon and confirmed between the employer and employee before the KIT day takes place. This avoids any misunderstandings or disputes later on. Payment for KIT days should also be made in the same way as the employee’s usual contractual pay, ideally through the normal payroll cycle for the week or month worked, rather than waiting until the end of their maternity leave.

Table: Payment Scenarios for a KIT Day (Illustrative)

Note: This table is illustrative. Actual payments depend on individual circumstances, employment contracts, and statutory rates.

Making the Most of Your KIT Days: What Work Can You Do?

The flexibility of KIT days extends to the type of work an employee can perform. During Keeping in Touch days, employees can carry out virtually any type of work, provided it is agreed upon with the employer. This allows for a highly adaptable approach to maintaining workplace engagement.

Common uses for KIT days include:

• Performing Usual Duties: Employees can carry out tasks they would ordinarily perform as part of their role, helping them to stay sharp and maintain their skills.
• Attending Meetings: This could involve team meetings, departmental briefings, or project update sessions, ensuring the employee remains informed about ongoing work and strategic decisions.
• Participating in Training: KIT days are an excellent opportunity to attend training courses, workshops, or professional development sessions, helping the employee to upskill or stay current with industry changes.
• Appraisals and Reviews: These days can be used for annual appraisals, performance reviews, or one-to-one discussions with managers.
• Conferences and Events: Attending industry conferences, company events, or networking functions can help employees stay connected to their professional network and broader industry trends.
• Working from Home: With prior agreement from the employer, working remotely can also count as a KIT day, offering additional flexibility, especially for those with childcare responsibilities.

Crucially, the overarching goal of KIT days should be to support the employee's transition back into the workplace. In practice, many employees and employers utilise KIT days as part of a phased return to work towards the end of the maternity leave period. For example, an employee might agree with their employer to work two KIT days a week in the five weeks immediately preceding the official end of their maternity leave. This gradual reintroduction to work duties and the workplace environment can significantly ease the transition back to a full-time or permanent working pattern.

What Doesn't Count as a KIT Day?

It’s equally important to understand what activities typically do not count as a KIT day. A common scenario is an employee 'popping in' to work purely for social reasons, such as to visit colleagues or introduce their baby. While such visits are often welcomed and help maintain informal connections, they would not usually be considered a KIT day unless there was a pre-agreed understanding that this visit would incorporate some form of work-related activity. If the visit is purely social and does not involve any work duties, it should not be deducted from the 10-day allowance.

KIT Days & SPLIT Days: Understanding the Difference

Beyond Keeping in Touch (KIT) days, there's another provision for parents taking shared parental leave: Shared Parental Leave In Touch (SPLIT) days. It's vital to distinguish between the two, as they offer additional flexibility.

Employees are allowed to work up to 20 SPLIT days during their period of shared parental leave. The key takeaway is that these 20 SPLIT days are in addition to the 10 KIT days available during maternity leave. This means a new mother could potentially use 10 KIT days during her maternity leave, and then if she opts to convert the remainder of her maternity/maternity pay into shared parental leave, she or her partner could then utilise up to 20 SPLIT days during that shared parental leave period. Like KIT days, SPLIT days are optional, must be agreed by both parties, and do not bring the shared parental leave or pay to an end, provided the 20-day limit is not exceeded.

Table: KIT Days vs. SPLIT Days

Employer Obligations During Maternity Leave (Beyond KIT Days)

While KIT days provide a structured way for employees to engage with work during their maternity leave, employers have broader obligations that extend beyond just these days. Maintaining reasonable contact with employees on maternity leave is expected, but this communication should not ordinarily count towards KIT days. For instance, an employer contacting an employee to discuss their return date or check on their well-being would not typically be a KIT day.

Employers are legally required to keep employees on maternity leave informed of significant changes within the organisation. This includes opportunities for promotion, restructuring, or any other developments that might affect their role or career progression. Employees on maternity leave must be informed of such changes at the same time and in the same manner as other employees who are actively working. Failing to do so could lead to claims of discrimination.

Furthermore, employees on maternity leave are afforded specific legal protections regarding their return to work:

• If an employee takes up to six months of maternity leave, they have the right to return to their old job—that is, the exact role they were doing before they started their maternity leave—on the same terms and conditions.
• If they take more than six months' leave (i.e., between six months and 52 weeks), they still have the right to return to their old job. However, if the employer can demonstrate that it is not reasonably practicable for them to return to their old job (for example, due to a significant reorganisation), they must offer a suitable alternative role. This alternative role must be on terms and conditions that are no less favourable than their previous job.

Employers must also ensure that employees on maternity leave are paid at least the prevailing National Minimum Wage for any work performed (including KIT days, if applicable), and that all payments, including Statutory Maternity Pay, are made correctly and on time through the organisation's standard payroll system.

Key Considerations and Avoiding Unfair Treatment

Keeping in Touch days offer a valuable opportunity for employees to maintain workplace contact and carry out work duties while remaining on maternity leave. However, their success hinges on clear communication and mutual agreement. It is paramount for both parties to agree on the terms before any work is undertaken. This includes clarifying the precise number of days intended to be taken as KIT days, the agreed payment rate for those days, and a clear understanding of what duties or activities the employee will be expected to perform.

Crucially, KIT days remain entirely optional, and employees should never be treated unfairly if they choose not to take them, or if they need to cancel a previously agreed KIT day due to unforeseen circumstances like childcare issues or illness. Any form of negative treatment, such as denying opportunities, withholding information, or making adverse comments, could constitute discrimination.

If an employee believes they are being treated unfairly by reason of requesting or declining to work KIT days, or for any other reasons relating to their pregnancy, maternity leave, or attempts to exercise their maternity rights, they may have strong grounds for a discrimination complaint. The law provides significant protection to employees from unfair treatment and dismissal on the grounds of maternity leave or attempting to assert their rights. In such situations, seeking professional advice from an employment law specialist is highly recommended to understand one's options and ensure legal protection.

Frequently Asked Questions (FAQs)

What are KIT days?

KIT (Keep in Touch) days allow employees on maternity, adoption, or shared parental leave to work up to 10 days without ending their leave or pay entitlements.

Do employers have to offer KIT days?

Offering KIT days is optional for employers. Employees can also choose whether or not to work these days during their leave.

Are KIT days paid?

Employees must be paid for any KIT days worked. The rate of pay should be agreed upon between the employer and the employee but cannot be less than the National Minimum Wage.

Can employees work part of a day as a KIT day?

Even a few hours of work counts as a full KIT day, so both employers and employees should plan the use of these days carefully.

Do KIT days affect maternity pay?

No, working KIT days does not affect Statutory Maternity Pay (SMP) or other statutory payments, as long as employees do not exceed the 10-day limit.

What kind of work can employees do on KIT days?

Employees can perform any work agreed with their employer, such as attending meetings, training sessions, or helping with specific projects.

Can an employee refuse to work KIT days?

KIT days are entirely voluntary. Employers cannot force an employee to work them, nor can employees demand to do so.

What happens if more than 10 KIT days are worked?

If an employee works more than 10 KIT days, their maternity or parental leave ends, and statutory pay may be impacted.

How should employers record KIT days?

Employers should keep clear records of the dates and hours worked for KIT days to ensure compliance with statutory leave rules.

Are KIT days available during shared parental leave?

During shared parental leave, employees can work up to 20 days called “SPLIT days” (Shared Parental Leave In Touch days) in addition to the 10 KIT days.

Glossary

• KIT Days: Keeping in Touch days, allowing limited work during maternity/adoption leave.
• SPLIT Days: Shared Parental Leave In Touch days, allowing limited work during shared parental leave.
• SMP: Statutory Maternity Pay, the legal minimum payment for eligible employees on maternity leave.
• National Minimum Wage (NMW): The minimum hourly rate of pay that almost all workers are entitled to by law in the UK.

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