Keeping in Touch (KIT) days are a provision in UK employment law that allows employees on statutory maternity leave, adoption leave or shared parental leave to work up to 10 days during their leave without bringing their leave or pay to an end. KIT days are voluntary and must be agreed by both the employer and the employee. The purpose is to help employees stay connected with their workplace, maintain skills and ease the transition back to work after a period of extended leave.
Key Takeaways
- KIT days are available only during statutory maternity, adoption or shared parental leave in the UK
- Employees can work up to 10 KIT days during the leave period without losing statutory leave or pay
- KIT days are optional and must be mutually agreed; employees cannot be required to work KIT days
What KIT Days Mean for Employers
KIT days offer a practical way to keep employees engaged during a long period of absence. They can be used for training, team meetings, project updates or any other work activity. The employee is paid their normal day’s pay for each KIT day worked, in addition to any statutory leave pay they receive during that week.
For HR teams, KIT days require careful management. The employee must not work more than 10 KIT days during the entire leave period. Each KIT day must be agreed in advance and documented. If the employee works more than 10 days, their statutory maternity leave and pay may be affected, which could result in a claim for unlawful deduction of wages.
In Australia, there is no direct equivalent of KIT days. However, some Modern Awards and enterprise agreements include provisions for “keeping in touch” days, particularly in the context of parental leave. The Fair Work Act does not mandate KIT days but does not prohibit them either, making them a discretionary policy choice for Australian employers.
In the US, there is no federal equivalent of KIT days. Employees on FMLA leave are generally expected to be fully away from work, though occasional contact may not violate the law if it is brief and does not constitute work.
KIT Days Rules by Region
| Country | Rule | Detail |
|---|---|---|
| UK | Maternity Leave Regulations 1999 | Up to 10 KIT days allowed during statutory maternity, adoption or shared parental leave; must be mutually agreed |
| AU | Fair Work Act (no KIT day provision) | Not mandated; some Modern Awards or enterprise agreements may include voluntary keeping-in-touch provisions |
| US | FMLA (no KIT day provision) | Not mandated; intermittent FMLA leave is for leave purposes only, not for working during leave |
How KIT Days Work in Practice
A London marketing agency has a senior account manager, Lisa, who is on statutory maternity leave. After three months, Lisa wishes to attend a team strategy day to stay connected with her clients. Her manager agrees to one KIT day. Lisa works the strategy day, is paid her normal day’s pay and her statutory maternity leave and pay continue unaffected.
Over the remaining nine months of her leave, Lisa works four more KIT days, including a half-day training session and a full-day client review. The total is five KIT days, well within the 10-day limit. The HR team records each KIT day with the date, the work performed and the pay agreed. This documentation protects both the employer and the employee.
Common Mistakes with KIT Days
- Requiring employees to work KIT days, which must be voluntary and mutually agreed
- Allowing employees to work more than 10 KIT days, which may affect their statutory leave and pay
- Not documenting KIT day agreements, leading to disputes about the number of days worked
- Paying KIT days at a rate below the employee’s normal day’s pay, which may result in a wage claim
- Confusing KIT days with intermittent FMLA leave in the US, which has different rules and implications
FAQ
What are KIT days?
KIT days are Keeping in Touch days that allow employees on statutory maternity, adoption or shared parental leave in the UK to work up to 10 days during their leave without losing their statutory leave or pay.
Can an employee refuse to work KIT days?
Yes. KIT days are entirely voluntary. An employee cannot be required or pressured to work KIT days, and refusal cannot be used as a basis for unfavourable treatment.
Do KIT days apply in Australia?
There is no statutory provision for KIT days in Australia. However, some Modern Awards and enterprise agreements include voluntary keeping-in-touch provisions during parental leave. Check the applicable award for details.
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