Maternity leave and paying for keeping in touch days

CIPD HR-inform. Croner.

In the third in our mini series on maternity leave, Stacie Cheadle, technical writer at Croner, explains how keeping in touch (KIT) days work and payment rules.

Q. Do we have to pay a keeping in touch day?

We have an employee who is currently on maternity leave. A new IT system is being installed next month and the providers are coming in to do a number of training days for staff. We would like her to attend, and she has indicated that she is prepared to come in for a day’s training as a keeping in touch day. Do we have to pay her for attending?

A. The law provides for a woman on maternity leave to work for up to 10 keeping in touch (KIT) days during her leave without it having any impact on her entitlement to statutory maternity pay (SMP).

The law does not state that a woman must be paid for a KIT day. Hence, any payment is at the discretion of the employer. It is important to make it clear to the employee if any payment is to be made - before she agrees to attend for the KIT day.

It is possible that she will presume that she will be paid her normal salary for the day, and if you decide not to pay for a KIT day you need to make this clear so that there is no argument about pay once the day has been worked.

Whether you choose to pay for KIT days or not, it is a good idea to state your company’s position in your maternity policy, so employees are clear about where they stand.

By Stacie Cheadle, technical writer at Croner