What are the implications of the introduction of keeping in touch (KIT) days? Do we have to pay a woman for working on a KIT day?
The maternity leave regulations have been amended to provide that a woman can do 10 days’ work during her maternity leave without bringing her maternity leave to an end (KIT days). Working for part of a day will count as one day. The SMP regulations have also been amended to provide that a woman will not lose any SMP for working for up to 10 days. A woman will lose her SMP for any week in which she does any further work beyond the 10 day limit. Work is defined as any work done under the contract of employment and may include training or any activity undertaken for the purposes of keeping in touch with the workplace. This provision is designed to facilitate a woman working during this period. An employer cannot insist that a woman carries out any work and she is protected from suffering a detriment or being dismissed for refusing to do so. Equally, a woman cannot insist on being given any work to do. A woman’s maternity leave will not be extended due to the fact that she has carried out
