An employee on maternity leave agrees to join a two-hour training session. Payroll treats it as an ordinary return to work; the manager assumes it does not count because it was not a full shift. Both are wrong. A keeping in touch day can support a smoother return, but the date, work and pay need to be agreed—and even one hour normally uses a whole KIT day.
KIT days are optional work during statutory leave
An employee can work up to ten keeping in touch—or KIT—days for the employer during statutory maternity leave without ending the leave or losing Statutory Maternity Pay for the weeks in which those days fall. The same ten-day arrangement is available during statutory adoption leave and Bereaved Partner's Paternity Leave. This guide focuses on maternity leave.
KIT days are not an employer's right to call someone back and they are not an employee's right to demand work. Both sides must agree. Refusing a proposed KIT day should not be treated as misconduct, and an employer should avoid pressure disguised as an invitation. The employee remains on maternity leave; a KIT day is a limited exception that permits agreed work.
Reasonable contact is separate. Managers can keep the employee informed about important changes, vacancies, training, redundancies and return arrangements without turning every email or conversation into work. Before leave begins, agree the preferred contact method and frequency, while recognising that material workplace changes still need to be communicated.
Acas: during maternity leave ↗ · Related guide: pregnancy-related sickness absence →
Agree the work, date, duration and pay in advance
A useful agreement is specific enough for the employee, manager and payroll to follow. Record the date, expected hours, location, activity, manager, access needed, expenses and pay treatment. Suitable uses can include training, a team meeting, a project update, a handover or structured preparation for returning. A vague invitation to “pop in and see how things are going” leaves too much unresolved.
The work does not have to be the employee's normal duties, but it should have a genuine workplace purpose. Avoid using KIT days as a trial return that quietly recreates an ordinary working pattern. If health, caring arrangements or working hours may need adjustment on return, use the day to discuss options and evidence—not to assume that a temporary arrangement has permanently changed the contract.
A short confirmation email can prevent disagreement later. It should say that participation is voluntary, the employee remains on maternity leave, the activity counts as one KIT day and the arrangement does not alter the planned return date unless a separate change is agreed.
One hour still counts as one full KIT day
Any work on a calendar day normally uses one of the ten KIT days, even if it lasts only an hour. Three separate one-hour calls on three dates therefore use three days; a morning meeting and afternoon training on the same date use one. The statutory limit is measured in days, not shifts or accumulated hours.
That makes diary control important. Managers should check the central record before arranging another session, especially where different departments may contact the employee. Record completed days rather than simply reserved dates, and keep enough detail to reconcile them with payroll. Cancelling before any work is done should not consume a day.
Do not schedule a KIT day during compulsory maternity leave. The employee must not work for two weeks immediately after the birth, extended to four weeks where they work in a factory. A friendly invitation, remote log-in or short training session does not override that prohibition.
Pay is agreed—but minimum standards still apply
There is no single statutory KIT-day rate. The employer and employee should agree the pay before the work is done. Acas says the easiest option is normal pay for the day, while GOV.UK confirms that the employer may count SMP towards the contractual pay agreed. The employee must still receive the SMP due and the arrangement must comply with the National Minimum Wage.
Paying less than normal pay for the same work can also create a discrimination risk. Consider the activity, contractual terms, any enhanced maternity policy and how comparable work is paid. State whether the agreed sum is additional to SMP or whether SMP is offset against the total contractual payment, then tell payroll before the cut-off date.
Expenses and practical costs deserve attention too. Agree travel, parking, meals and any approved childcare contribution under the employer's policy. Do not promise a net figure: PAYE and National Insurance treatment should be handled through payroll in the usual way.
Agree the payroll treatment before anyone attends.
HR + SAFETY can help North East SMEs document the date, work, pay and remaining balance so that managers and payroll apply the same arrangement.
Check a KIT-day arrangementDo not drift beyond the ten-day limit
Acas states that working more than ten KIT days automatically ends statutory maternity leave and pay. HMRC guidance explains that, after the ten days have been used, work can also cause loss of SMP for each week or part-week in which further work is done. The Maternity Pay Period is not extended to replace those lost weeks.
The safest control is a single record shared between HR and payroll, with a named person approving every proposed day. When the employee reaches eight or nine days, flag the remaining balance clearly. If regular work is now wanted, discuss an agreed early return and the correct notice rather than stretching KIT arrangements beyond their legal purpose.
Keep SPLIT days separate. An employee on Shared Parental Leave can agree up to 20 Shared Parental Leave in Touch days. Those are additional to the ten KIT days, but they belong to a different statutory leave period and should have their own record.
Employer checklist before a KIT day
A simple form is useful only if managers understand the rules behind it. Brief line managers, payroll and maternity-cover managers together so that an informal invitation does not accidentally become unrecorded work. Legal requirements and official guidance were checked on 3 October 2026.
- Confirm that the employee is outside the two-week compulsory maternity period—or four weeks for factory work.
- Check how many KIT days have already been completed and who owns the central record.
- Confirm that participation is genuinely voluntary for both sides.
- Agree the calendar date, hours, location and specific work or training.
- Explain that any work on the date counts as one full KIT day.
- Agree gross pay, SMP offset, expenses and payroll instructions in advance.
- Arrange appropriate system access, confidentiality and health and safety controls for the activity.
- Keep the employee informed about important changes without making ordinary contact conditional on working.
- Record the completed day and update the remaining balance promptly.
- Use a separate process for any change to the return date, hours or role.
Related guide: paternity leave → · Related guide: unpaid parental leave →
Keeping in touch days work when the arrangement is genuinely optional and operationally precise. Agree the task, date, duration and pay before the employee attends; treat any work on that date as a whole KIT day; exclude compulsory maternity leave; and keep HR and payroll records aligned before the ten-day limit is reached.
This guide provides general information for UK employers. It is not legal advice and should not replace advice based on the facts of a specific matter.