What Are Keeping in Touch (KIT) Days?
Keeping in Touch days, commonly known as KIT days, allow an employee on maternity or adoption leave to do some work for their employer without losing any of their leave entitlement or Statutory Maternity Pay (SMP).
The statutory basis for KIT days sits in the Maternity and Parental Leave etc. Regulations 1999 (as amended). The Regulations provide that an employee can carry out work under their contract of employment on up to 10 days during maternity or adoption leave, with the agreement of the employer, without that work bringing the leave to an end or affecting SMP entitlement.
For many employers, especially smaller businesses, KIT days offer a practical way to keep a valued employee connected to the team, include them in important decisions, or bring them in for training before they return. For employees, they can ease the transition back to work and help them feel less isolated during a long period of leave.
The key word throughout is agreement. Neither the employer nor the employee can insist on KIT days. They must be genuinely voluntary on both sides.
How Many KIT Days Are Allowed?
An employee can work up to 10 KIT days in total during maternity or adoption leave, without any impact on their SMP or leave entitlement.
The 10-day allowance covers the entire maternity leave period, not a set number per month or per trimester. Once those 10 days are used, no further work can take place without either ending the leave or forfeiting SMP for the additional days. This makes planning and tracking KIT days important from the outset.
It is worth noting that no KIT days can be taken during the compulsory maternity leave period, which is the two weeks immediately following childbirth (four weeks for factory workers). This compulsory period is fixed by law and cannot be altered by agreement.
How KIT Days Are Paid
This is often the question employers find most confusing, because the legislation does not prescribe a specific pay rate for KIT days.
The general position is as follows. For any week in which a KIT day is worked, the employee is entitled to receive pay for that day under their contract of employment. The SMP payable for that week is usually offset against that contractual pay, rather than being paid in addition to it. In practice, this means the employer pays the difference between the employee's normal daily rate and the SMP already in payment for that week.
Some employers choose to pay the full daily rate on top of SMP. This is entirely permissible and some businesses use it as a goodwill gesture, particularly for senior employees. What you cannot do is pay less than the SMP the employee is already entitled to for that week.
Our maternity leave calculator can help you work out SMP entitlement week by week, making it easier to calculate what a KIT day payment might look like in practice.
Whatever arrangement you agree, confirm it in writing before the KIT day takes place. A brief letter or email setting out the date, the hours or activity involved, and the agreed pay is all that is needed. It protects both parties if questions arise later.
A Full Day Is a Full Day
One of the most misunderstood aspects of KIT days is how they are counted.
Under the Maternity and Parental Leave etc. Regulations 1999, any work performed on a given day counts as one complete KIT day, regardless of how many hours are involved. An employee who comes in for a one-hour handover meeting has used one of their 10 KIT days, just as if they had worked a full eight-hour day.
This matters practically. If you want an employee to attend a team event in the morning and a project meeting in the afternoon of the same day, that is still one KIT day. If you spread those activities across two separate days, that is two KIT days. Planning the activities carefully around the employee's remaining allowance avoids inadvertently using up days that might be better saved for closer to the return date.
KIT Days vs SPLIT Days
It is worth understanding the distinction between KIT days and their counterpart under Shared Parental Leave.
KIT days apply to employees who are on maternity or adoption leave.
SPLIT days (Shared Parental Leave In Touch days) apply to parents who have opted into Shared Parental Leave (SPL) under the Shared Parental Leave Regulations 2014.
Parents on Shared Parental Leave can each work up to 20 SPLIT days without affecting their leave entitlement or statutory pay. This is a significant difference from the 10-day KIT allowance. SPLIT days carry the same rules as KIT days in terms of consent (both parties must agree), counting (any work on a given day uses one SPLIT day), and pay (offset against statutory shared parental pay unless agreed otherwise).
If an employee has curtailed their maternity leave to convert to Shared Parental Leave, their KIT day allowance ends and they move across to the SPLIT day allowance instead. They cannot use KIT days and SPLIT days at the same time.
For a full overview of how Shared Parental Leave works and the employer's obligations under it, see our guide to maternity leave and pay for employers, which covers the interaction between maternity leave and SPL in more detail.
Best Practice for Employers
Always Obtain Genuine Agreement
Before arranging any KIT day, check that the employee is genuinely willing to participate. Contact them in advance, explain what is involved, and give them time to consider. An employee who feels pressured into attending may later bring a claim for unlawful detriment during maternity leave, which carries significant legal risk for the employer.
Keep a written record of the employee's agreement. An email confirming the date, the purpose, and the agreed pay is sufficient.
Track Days Carefully
Keep a running log of KIT days used, including dates, hours worked, and the pay agreed for each. Employees sometimes lose track of their own count, particularly if KIT days are spread across several months. A simple spreadsheet or note on the HR file is enough for most businesses.
If an employee works more than 10 KIT days, SMP is forfeited for those additional days. Accidental overage is a problem that is easy to avoid with basic record-keeping and harder to unpick once it has happened.
Choose Activities Thoughtfully
KIT days work best when they are genuinely useful for the employee as well as the business. Good uses include attending a team briefing on a significant change, participating in a training course that will be relevant on their return, reviewing a project they will pick up when they come back, or simply having a catch-up with their line manager and colleagues.
Avoid using KIT days for routine work that could wait until the employee returns, or activities that place pressure on the employee to perform against their normal targets. The spirit of the legislation is to keep the employee connected, not to bring them back into the workflow prematurely.
Plan the Return
KIT days are often most valuable in the weeks immediately before an employee's planned return to work. A day or two in the office at that stage can smooth the transition considerably, particularly after a long period of leave. Use them to update the employee on what has changed, introduce any new team members, and discuss any flexible working arrangements that may be needed.
Our guide to flexible working requests covers what employees can request and how employers must respond, which is particularly relevant for employees returning from maternity leave since April 2024.
What Happens If Things Go Wrong
Two scenarios cause the most difficulty in practice.
The employee works more than 10 days. As noted above, SMP is forfeited for any days in excess of the 10-day allowance. If this happens, you should seek advice promptly to understand the corrective steps needed. HMRC guidance covers SMP recovery and overpayment, and the employee should be informed of the impact.
A KIT day takes place during the compulsory maternity leave period. This is not permitted under the Regulations and could amount to a breach of the employee's statutory rights. If you become aware this has happened, take legal advice immediately.
The employee raises a grievance about pressure to attend. Because KIT days must be voluntary, any suggestion of pressure or coercion can lead to a protected detriment claim. If a grievance is raised, follow your standard employee grievance process and seek HR advice before responding.
Getting Maternity Leave Right
KIT days are a small but important part of managing maternity leave well. Used properly, they help employees feel valued during a significant life event and support a smoother return to work. Used poorly, they create legal risk and damage trust.
If you want to make sure your maternity leave policy covers KIT days clearly, or if you have a specific situation you need advice on, our team is here to help. Book a free consultation to talk through what you need, or find out more about how our retained HR support covers family leave, statutory pay and return-to-work planning for clients across the UK.
Frequently Asked Questions
- How many KIT days is an employee entitled to during maternity leave?
- An employee can work up to 10 Keeping in Touch days during maternity leave without losing Statutory Maternity Pay or bringing their leave to an end. These days are optional for both parties. Neither the employer nor the employee can insist on them. The same 10-day allowance applies during adoption leave.
- How are KIT days paid?
- There is no statutory pay rate set specifically for KIT days. The most common practice is to pay the employee their normal daily rate, with the SMP for that week offset against it (so you pay the difference rather than both in full). Some employers choose to pay the daily rate on top of SMP. Whatever you agree, confirm the arrangement in writing before the KIT day takes place. Any agreement to pay less than the employee's normal rate should be clearly documented.
- Does a KIT day count as a full day even if the employee only works a few hours?
- Yes. Under the Maternity and Parental Leave etc. Regulations 1999, any work done on a given day uses one KIT day, regardless of how many hours are worked. An employee who attends a one-hour team meeting uses one of their 10 KIT days. This applies equally to a full day in the office and a short call from home.
- What is the difference between KIT days and SPLIT days?
- KIT days apply during maternity or adoption leave. SPLIT days (Shared Parental Leave In Touch days) apply when a parent has opted into Shared Parental Leave. Parents on Shared Parental Leave can each work up to 20 SPLIT days without affecting their leave or statutory pay entitlements. The same rules apply to SPLIT days as to KIT days: they must be agreed by both parties and any work done on a given day uses one SPLIT day.
- Can an employer insist an employee uses KIT days?
- No. KIT days must be agreed voluntarily by both the employer and the employee. An employer cannot require an employee on maternity leave to work, attend meetings, or carry out any work-related activity, even briefly. Doing so could constitute unlawful detriment and expose the business to a tribunal claim. Always approach KIT days as an invitation, not a requirement.
- Do KIT days affect Statutory Maternity Pay?
- Working a KIT day does not stop SMP payments. However, for the week in which a KIT day falls, SMP is typically offset against any pay the employee receives for that day, rather than being paid in addition. If an employee works more than 10 KIT days during maternity leave, SMP for any additional days is forfeited. Employers should track KIT days carefully to avoid overpaying or inadvertently affecting the employee's entitlements.
