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Introduction to this document

 

Letter explaining “keeping in touch” days

Employees on maternity or adoption leave may work up to ten “keeping in touch” days without it having any effect on their statutory right to pay. Before an employee goes on this type of leave, it's helpful to set the position out in writing. You can use our letter to do this.

The benefits

An employee who is on maternity or adoption leave can work up to ten "keeping in touch" (KIT) days. This type of arrangement can be useful for both you and them. For example, there might be an important meeting, or team briefing, that the employee would benefit from attending, or they may simply wish to update their skills or learn new ones. A KIT day can also be worked at home, e.g. for the employee to check e-mails. Providing they don't go over the ten-day limit, it will not affect their rights to any statutory maternity or adoption pay. What you decide to pay an employee for attending a KIT day is entirely a matter for you, but it must not be below the relevant National Minimum Wage rate.

Either one of you can suggest a KIT day, but you're under no obligation to agree any requests. Neither do you have to offer them any such days. Don't forget though, that a full KIT day will be worked even if the employee only comes in for a few hours.

 

Explaining the position 

Before an employee goes on maternity leave or adoption leave, it's worth setting out the position on KIT days - doing this avoids any misunderstandings at a later date. Our Letter Explaining Keeping in Touch Days makes the position quite clear. It emphasises that you don't have to offer this type of day and neither does the employee have to accept it. In any event, a KIT day can’t be worked during a period of compulsory maternity leave, i.e. the two weeks immediately after the birth (or four in the case of factory workers). Our letter also makes this clear.