KIT Days on Maternity Leave: A Hands‑On Employer Guide

Maternity leave is a pivotal time for both new parents and their employers. It’s a period of adjustment and planning – and, yes, a fair bit of admin. But it’s also an opportunity to support your team and make their eventual return smoother. One area that often causes confusion is Keeping In Touch (KIT) days. Managed well, they can strengthen communication and improve retention. This guide explains what KIT days are, how they work legally, and how to use them effectively in your business.

What Are KIT Days?

KIT days allow an employee on statutory maternity leave to undertake paid work for up to 10 days without ending their maternity leave or losing Statutory Maternity Pay (SMP). They are entirely voluntary and must be agreed by both employer and employee.

• Optional - Neither side can be required to offer or accept KIT days.
• Flexible - They can be used for any form of work: meetings, training, project work, or catch-ups.
• Limited - The legal cap is 10 days. Working any part of an 11th day ends statutory maternity leave and SMP.
• Paid - Payment is agreed between you and your employee, typically at the usual daily rate.

Similar arrangements apply for adoption leave and shared parental leave – where the rules are broadly the same but the limits differ.

Do Employers Have To Offer KIT Days?

No, KIT days are optional. However, offering them is considered best practice. Employers who do usually see better engagement, smoother transitions, and improved retention of returning staff.

What Counts As A KIT Day?

A KIT day is any day – or part of a day – an employee on maternity leave performs work for their employer with mutual consent. Examples include:

• Training on new systems or compliance updates
• Team meetings or planning sessions
• Helping with a project or handover
• Attending a work event or strategy day (if work-related)

Even if the employee works for only an hour, it still counts as one full KIT day. There’s no such thing as a “half KIT day.”

Pay For KIT Days

Employees are entitled to be paid for KIT days, but there is no fixed statutory rate. You and your employee should agree pay in advance - most employers pay the usual daily rate or pro rata for the hours worked. Employees continue receiving maternity pay for the rest of their leave, as long as they don’t exceed the 10-day limit. Always record KIT day arrangements in writing, confirming dates, type of work, and pay. Even a simple email trail is sufficient evidence if queries arise later.

How To Arrange KIT Days

1. Discuss before leave starts – Mention KIT day options during maternity leave planning so expectations are clear.
2. Mutual agreement – KIT days must always be voluntary. Never pressure an employee to take part.
3. Be specific – Clarify what the employee will do, when, where, and how they’ll be paid.
4. Document the details – Keep simple written records for transparency and compliance.
5. Respect boundaries – If the employee opts out, their choice must be respected without consequence.

Legal Considerations For Employers

• Maximum 10-day rule - Exceeding this limit ends statutory maternity leave and SMP immediately.
• No detriment - Employees cannot be penalised or treated less favourably for refusing KIT days (protected under the Employment Rights Act 1996 and Equality Act 2010).
• Voluntary participation - Neither party can insist on a KIT day. It must be reasonable and agreed.
• Appropriate work - Avoid duties that may conflict with health and safety guidance for new or breastfeeding mothers.

Best Uses For KIT Days

• Training and system refreshers before return
• Meetings or updates on workplace changes
• Short-term project involvement or mentoring
• Orientation after organisational restructuring

The goal is to ease re-entry, maintain relationships, and keep communication open – not to add pressure or rely on extra labour.

Common Questions

Can KIT days be less than a full day? Yes, but any work at all counts as one KIT day under UK law. Do KIT days affect maternity pay? No, unless the 10-day limit is exceeded. SMP or Maternity Allowance continues as normal. What if an employee works more than 10 days? Statutory maternity leave and pay end immediately after day 10. Keep accurate records to prevent mistakes.

Best Practice Tips For Employers

• Plan KIT days in advance and confirm in writing.
• Keep accurate logs of all KIT days and payments.
• Review contracts and policies to reference KIT day arrangements.
• Never penalise employees for not using KIT days.
• Use KIT days to support re-integration, not as extra capacity.
• Link KIT days to wider return-to-work planning and flexible work discussions.

Documentation To Have In Place

• Parental leave or staff handbook policy – Explain how KIT days work and how to request them.
• Employment contracts – Reference KIT days where relevant and clarify they are by mutual agreement.
• Consent and record forms – Log each day, activity, and pay for transparency and audit.

Special Cases: Adoption And Shared Parental Leave

The same principles apply for:

• Adoption Leave – Up to 10 Keeping In Touch days.
• Shared Parental Leave – Up to 20 “Shared Parental In Touch” (SPLIT) days in total.

These are also voluntary and paid by agreement.

Key Takeaways

• KIT days allow employees on maternity leave to work up to 10 days without losing statutory rights.
• They must be agreed voluntarily and recorded in writing.
• Work can include training, meetings, or projects – even brief activity counts as a full day.
• Employees should be paid fairly; typically at their normal rate.
• Exceeding the 10-day limit ends maternity leave and SMP.
• Apply the same fair process for adoption and shared parental leave.

Need help updating your contracts, handbooks, or parental leave policies? Contact Sprintlaw on 08081347754 or team@sprintlaw.co.uk for a free, no-obligation chat with one of our expert employment lawyers.