Do you have a policy for keeping in touch during family leave?
Returning to work from family leave can be a significant adjustment for some employees. There are practical considerations to consider, including childcare and family logistics. There may also have been significant changes in the workplace. For example: new colleagues, technology, products or services.
Keeping-in-touch (KIT) days can help an employee to feel included and support their transition back to work.
‘With agreement, employees can participate in up to 10 KIT days during their family leave’, explains Sam Welham, an Associate Solicitor in the Employment Team at Barker Gotelee LLP. But, you should not use KIT days to force an employee to work during their family leave. These arrangements are voluntary.’
Sam Welham explains what KIT days are, looks at their benefits, good practice, how not to use them, and pay arrangements.
Family leave and KIT days
KIT days are available to employees on adoption leave and maternity leave, after the period of compulsory maternity leave. Up to 10 KIT days can take place without stopping statutory maternity or adoption pay, or bringing leave to end.
Employees on shared parental leave are entitled to 20 days ‘shared parental leave in touch’ (SPLIT) days. For employees on maternity leave, or the primary adopter on adoption leave, SPLIT days are in addition to 10 KIT days.
There is no provision for KIT days during other types of statutory family-friendly leave, such as paternity leave, or unpaid ordinary parental leave.
In this article, ‘family leave’ refers to statutory maternity, adoption, and shared parental leave.
The benefits of KIT days
KIT days are often used for an employee to attend occasional departmental team meetings, an away day, or training sessions. There are many benefits: the employee is kept in the loop, skills and knowledge are kept up to date, and the employee may enjoy seeing colleagues. All of this should help make their return to work easier.
Agreeing KIT days
KIT days must be agreed. An employer cannot insist on the employee working a KIT day, nor can the employee insist on working.
Best practice would be to discuss with the employee whether they would like KIT days, before the family leave starts.
It should be made clear that KIT days are optional and the employee can change their mind, even if they agreed to participate, before going on leave.
It may well be that something crops up, after the family leave has started, and the employee has indicated they do not want to be contacted about KIT days. For example, a technology update, or a new way of working. If that happens, then we recommend getting in touch with us first to discuss.
How to organise KIT days
Employees should think about the practical arrangements for the employee when they come in for a KIT day. For example, access to a desk, equipment and IT. KIT days can also be used for remote working.
KIT days can be organised in blocks, or separate days. KIT days are most useful close to the date when the employee will return to work. But, they can be taken at any time during the family leave, after the period of compulsory maternity leave.
Is the employee required to carry out work on a KIT day?
KIT days can be used for training, or team away days. They can be used for doing work. The employer and employee are free to agree what is done.
Should the employee be paid for a KIT day?
There are no riles on pay for the KIT days, although the employer must still pay the national minimum wage.
It is good practice to discuss pay for KIT days, before the employee goes on leave.
How not to use KIT days
Employees should not feel pressurised into working, or attending events.
Dismissing an employee for refusing to take a KIT day would likely be an unfair dismissal.
KIT days cannot be split up. Even one hour working or training will count as a whole KIT day.
Other contact with employees on family leave
Employers can have reasonable contact with an employee on family leave to discuss their return to work. This is distinct from KIT days.
Before they go on family leave, employees should be asked if they would like to receive workplace news and invitations to work social events. Employees on family leave should also be informed about promotion opportunities.
How can we help
We can help you make the most of the flexible arrangement for KIT and SPLIT days. For further information, please contact Sam Welham in the Employment Team on 01473 617 348 or email [email protected]
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
