Keeping in Touch Days (KIT Days)

Keeping in Touch days offer flexibility during maternity leave without affecting your statutory rights.

What Are KIT Days?

Definition

KIT days allow you to:

• Work during maternity leave
• Up to 10 days maximum
• Without ending your leave
• Without losing SMP

Purpose

KIT days help:

For Employee	For Employer
Stay connected	Maintain relationship
Ease return	Handover/training
Maintain skills	Updates and briefings
Earn extra	Cover key meetings

How KIT Days Work

The Rules

Rule	Detail
Maximum	10 days during entire maternity leave
When	Any time during leave
Both agree	Cannot be forced
SMP continues	Plus KIT day payment

What Counts as a Day

Activity	Counts as KIT Day?
Full day of work	Yes (1 day)
Any work in a day	Yes (1 day)
1 hour of work	Yes (1 day)
Training course	Yes (1 day)
Important meeting	Yes (1 day)

Important: Any amount of work in a day uses one KIT day.

What Doesn't Count

Activity	KIT Day?
Informal contact	No
Social visit	No
Receiving information	No
Phone call (non-work)	No

Agreeing KIT Days

Mutual Agreement

Both parties must agree:

• Employer cannot force you to work
• You cannot demand KIT days
• Discuss and agree together
• Confirm in writing

Things to Agree

Aspect	Discussion
Which days	Specific dates
What work	Tasks/purpose
Where	Office/home/site
Payment	How much
Childcare	Arrangements

Reasonable Requests

Even though voluntary:

• Reasonable to be asked about important meetings
• Reasonable to decline if can't manage
• Shouldn't be pressured
• Consider the request fairly

Payment for KIT Days

No Statutory Rate

There's no legal minimum for KIT day pay:

• Must be agreed between you and employer
• Should be reasonable
• Check any policy
• Agree before working

Common Arrangements

Arrangement	How It Works
Normal day rate	Paid your usual daily pay
On top of SMP	SMP + additional pay
Offset against SMP	Only difference paid
Enhanced rate	Some employers pay more

SMP Position

On KIT Day	What Happens
SMP	Still receive full SMP
KIT pay	Also receive agreed amount
Tax/NI	Normal deductions apply

Example

If you earn £200/day normally and SMP is £27/day:

Payment Type	Amount
Option A: Day rate only	£200
Option B: SMP + top-up	£27 SMP + £173 = £200
Option C: SMP + day rate	£27 + £200 = £227

(Depends on employer's approach)

Types of Work

Appropriate Activities

Activity	Common For
Training	Staying up to date
Team meeting	Important updates
Client meeting	Key relationships
Handover	Preparing for return
Conference	Development opportunity
Project work	Specific deliverable

Think About

Before agreeing KIT days:

• Is it genuinely useful?
• Can you manage childcare?
• Is timing reasonable?
• Is payment fair?

Effect on Leave and Pay

Maternity Leave

KIT Days	Effect on Leave
1-10 days	No effect - leave continues
More than 10	May end maternity leave

Statutory Maternity Pay

SMP	Effect
Continues	During KIT days
Same amount	Not reduced
Still paid	Weekly as normal

If You Exceed 10 Days

Working more than 10 days:

• May end maternity leave
• SMP may stop
• Discuss with employer first
• Get clear agreement

When to Use KIT Days

Good Reasons

Reason	Example
Training	Important course
Updates	Major changes happening
Relationships	Meet new manager
Planning	Discuss return arrangements
Events	Annual conference

Poor Reasons

Reason	Why Problematic
Employer short-staffed	Not what KIT days are for
Pressure to return	Should be voluntary
Regular cover	Not intended purpose
Save leave	Use annual leave instead

Refusing KIT Days

Your Right to Refuse

You can refuse because:

• It's completely voluntary
• You have caring responsibilities
• You don't want to
• Timing doesn't work

Employer Cannot

Action	Unlawful?
Force you to work	Yes
Penalise refusal	Yes
Affect redundancy selection	Yes
Treat less favourably	Yes

What to Say

"Thank you for the invitation, but I'm not able to work a KIT day on that date. I look forward to staying in touch about my return to work."

Employer Refusing KIT Days

Their Right

Employer can refuse:

• KIT days are mutual
• No obligation to offer
• May have valid reasons

If Refused

Consider:

• Is refusal reasonable?
• Is it consistently applied?
• Could be discrimination if not

Shared Parental Leave

SPLIT Days

If on Shared Parental Leave instead:

• Called SPLIT days (not KIT days)
• Up to 20 SPLIT days
• Same principles apply
• In addition to any KIT days used

Practical Arrangements

Before KIT Day

Arrange	Detail
Childcare	Who looks after baby
Travel	How to get there
Timing	Hours of work
Payment	Agree in writing
Equipment	What you need

On the Day

Consider	Action
Baby's needs	Feeding arrangements
Contact	In case of emergency
Realistic	Don't overcommit

After KIT Day

Action	Why
Confirm day used	Record keeping
Submit timesheet	For payment
Note any issues	For future planning

Record Keeping

What to Record

Record	Purpose
Dates used	Track 10-day limit
Work done	Evidence of activity
Payment	For tax/pay records
Agreement	Written confirmation

Why It Matters

Good records help:

• Track days remaining
• Prove arrangements
• Resolve any disputes
• Tax accuracy

Common Questions

"Can I do half a KIT day?"

No practical half-days:

• Any work = 1 KIT day
• 1 hour = 1 KIT day
• Structure days carefully
• Make them worthwhile

"Do KIT days extend my leave?"

No:

• Leave end date unchanged
• KIT days are within leave
• Don't add extra time
• Return date as planned

"Can I use KIT days at the end?"

Yes, but consider:

• Might be better to just return
• Phased return may be option
• Discuss with employer
• What works best for you

"What about childcare costs?"

Situation	Consideration
Childcare needed	Your cost usually
Discuss with employer	May help
Tax-free childcare	May be available
Weigh cost vs payment	Is it worthwhile?

Legal Protection

Protected from Detriment

You cannot be treated worse for:

• Using KIT days
• Refusing KIT days
• How you use them
• Requests about them

If Problems Arise

Issue	Action
Pressured to work	Raise grievance
Penalised for refusing	Seek advice
Not paid properly	Chase payment
Discrimination	Legal claim possible