Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Are Keeping in Touch (KIT) Days?
- Who Can Use Keeping in Touch Days?
- How Many KIT Days Are Allowed?
- What Types of Work Count as KIT Days?
- Are Employees Paid for Keeping in Touch Days?
- Do Keeping in Touch Days Affect Statutory Maternity or Adoption Pay?
- How Should Employers and Employees Agree to Use Keeping in Touch Days?
- What Legal Requirements Apply to KIT Days?
- What Are the Benefits of KIT Days for Employers and Employees?
- Common Mistakes and How to Avoid Them
- Where Do KIT Days Fit With Other Leave Rights?
- Best Practice: Building Keeping in Touch Into Your Policies
- Key Takeaways: KIT Days at a Glance
If you or someone in your team is about to go on maternity, adoption, or shared parental leave, there’s a good chance you’ve seen the phrase “Keeping in Touch days” (often called KIT days) pop up in guidance and employee handbooks. But what do KIT days really mean in practice? How do they actually benefit both employers and employees in the UK, and what’s the right way to use them?
Navigating time away from work can be daunting, whether you’re managing your own leave or supporting valued team members through theirs. The good news? With clear legal guidance around keeping in touch, both sides can stay connected without breaching rights or obligations.
This guide will explain what Keeping in Touch days are, how they work, the essential legal requirements, and the steps both employers and employees should take for a smooth experience. If you want to get your approach right (and avoid compliance headaches down the track), keep reading!
What Are Keeping in Touch (KIT) Days?
Keeping in Touch days (KIT days) are a statutory scheme in the UK that lets employees on maternity, adoption, or shared parental leave perform some work or attend meetings — while still technically being on leave. The aim? To help employees stay up to date and ease the transition back to work, while allowing employers to maintain business continuity and foster a supportive workplace culture.
KIT days give employees a window of flexibility — up to 10 days during maternity or adoption leave and up to 20 days during shared parental leave. Used well, KIT days let employees keep skills fresh, attend key training or team events, or simply “test drive” a return to work in a gradual, low-pressure way.
Heads up: Keeping in Touch days are not the same as ending leave early. The employee’s leave doesn’t end because they attend KIT days, As long as everyone sticks to the limits and mutually agrees on use, KIT days are a legal way to stay connected.
Who Can Use Keeping in Touch Days?
KIT days are available to most employees taking:
- Maternity leave (up to 52 weeks)
- Adoption leave (up to 52 weeks)
- Shared parental leave (including both mothers and fathers/partners)
It doesn’t matter whether the employment is full-time or part-time — the right exists in both cases. KIT days are voluntary: neither employers nor employees can force the other to use them. Both sides must agree in advance to any work performed under a KIT day.
If you’re an employer, it’s good practice to inform employees of their entitlements and discuss early on how (or if) KIT days might be used.
How Many KIT Days Are Allowed?
The statutory limit for each type of leave is:
- 10 Keeping in Touch days for maternity or adoption leave
- 20 Shared Parental Leave in Touch (SPLIT) days for shared parental leave, per parent
A “day” is counted as any amount of work performed on that calendar day. So, whether an employee works an hour or a full day, it counts as one KIT day. You can’t “split” a KIT day into half-days or carry unused KIT days into other leave periods.
What Types of Work Count as KIT Days?
KIT days are designed to be flexible. The type of work can range from attending team meetings to delivering training, completing handovers, or getting stuck into specific work projects.
Common examples of how KIT days are used:
- Participating in key staff training sessions or upskilling
- Attending crucial team or client meetings
- Taking part in performance appraisals or planning reviews
- Joining in workplace social or strategy days
- Testing a phased return to work to build confidence
Keep in mind, the work performed should be agreed upon in advance, with clear communication between employer and employee. KIT days are not meant to be used for routine day-to-day work unless that’s been genuinely agreed (and wanted).
Are Employees Paid for Keeping in Touch Days?
Yes, employees should be paid for work performed during KIT days – but the exact amount is not strictly set by law.
- The rate should be agreed between employer and employee.
- Pay can be at the standard contractual rate of pay or another amount agreed by both sides.
- Employees should always receive at least the National Minimum Wage for KIT days.
- KIT day pay is in addition to any statutory maternity/adoption pay received.
It’s best practice to confirm the arrangement in writing. That way, there’s no confusion about how much will be paid, and each party’s rights are clearly set out. If pay is unclear or below requirements, disputes or even penalties can arise.
Do Keeping in Touch Days Affect Statutory Maternity or Adoption Pay?
Generally, using KIT days doesn’t impact an employee’s statutory pay entitlements. Employees can attend up to 10 KIT days (or 20 for SPL) without affecting their statutory pay or ending their leave.
However, if an employee works more than the permitted number of KIT/SPLIT days, they may lose their statutory pay for that pay period, and their leave may be treated as ended. That’s why it’s essential to keep a careful record of any work performed under KIT days to stay compliant.
How Should Employers and Employees Agree to Use Keeping in Touch Days?
Consent is key. Neither party can force the use of KIT days – agreement must always be mutual. Here’s how to keep things clear:
- Start a conversation early about the possibility of KIT days during leave planning discussions.
- Be clear about the purpose and details: date(s), expected work, hours, pay, and what support will be in place.
- Record agreements in writing (even via email), so both sides know what’s been agreed.
- Double-check the total number of KIT days used, so nobody exceeds the limits and accidentally triggers loss of pay or early end to leave.
Employers should also consider adding details about KIT days to the employee handbook or staff contract of employment to help everyone stay informed and protected.
What Legal Requirements Apply to KIT Days?
The rules around Keeping in Touch days are set out under the Employment Rights Act 1996, as amended through related Regulations for family leave. Employers also need to consider anti-discrimination law, equal pay provisions, and employee rights on leave.
Some essential compliance points:
- Don’t pressure employees into taking KIT days – it must be genuinely voluntary.
- Don’t penalise or treat employees less favourably if they choose not to attend KIT days (protected under UK employment and discrimination laws).
- Ensure payment for KIT days at or above National Minimum Wage, alongside statutory pay.
- Keep a written record of KIT days worked and pay provided.
For larger teams or complex scenarios, or if you’re drafting bespoke leave policies, it’s wise to get legal advice on customising your handbook and contract terms.
What Are the Benefits of KIT Days for Employers and Employees?
When used thoughtfully, keeping in touch days offer significant advantages to both sides:
- Smoother transition: Employees can return with greater confidence and less “culture shock.”
- Skills and knowledge retention: Full-time absence doesn’t equate to being out of the loop.
- Organisational continuity: Employers can benefit from the employee’s expertise on critical occasions.
- Boosted engagement: Maintaining relationships strengthens morale and staff loyalty.
- Flexible, low-pressure return: Testing the waters makes the prospect of coming back less overwhelming.
If you structure KIT days as part of a phased return, you may also reduce the likelihood of long-term sickness triggered by abrupt change.
Common Mistakes and How to Avoid Them
Mistakes around keeping in touch usually come from confusion on the limits — or from failing to communicate.
- Don’t exceed the permitted number of KIT/SPLIT days; otherwise, statutory pay may be lost.
- Don’t try to “force” employees to use KIT days or penalise them for not using them.
- Always agree on pay and duties in writing in advance.
- Don’t use KIT days as a workaround for ending leave early — that's not legal and undermines trust.
Want some extra reassurance your business is protected? See our guide on avoiding costly employment and compliance mistakes.
Where Do KIT Days Fit With Other Leave Rights?
KIT days exist in addition to your statutory maternity, adoption, or shared parental leave rights — not instead of them. Using a KIT day doesn’t end leave, change pay bands, or affect return-to-work rights (unless you exceed the limit).
KIT days also don’t impact:
- Your right to redundancy consultation during maternity/adoption leave
- Statutory holiday accrual while on leave
- Your right to flexible/part-time arrangements post-return (see: Flexible Working Reforms 2024)
- Statutory sick pay rights or reasonable adjustments as required
Employers should ensure managers are trained on all statutory requirements to avoid accidental breaches.
Best Practice: Building Keeping in Touch Into Your Policies
Even if you only have a small team, including a section on keeping in touch in your Employee Handbook or Staff Contracts helps set expectations and ensures everyone understands their rights. Not sure where to start? Cover:
- The maximum number of KIT days available and any process for requesting them
- How KIT day pay will be calculated and paid
- Who to contact to arrange a KIT day and how far in advance to request
- Expectations on communication, safety, and support during leave and for each KIT day
- How to keep records of days taken and any related correspondence
If you operate in a regulated or sensitive sector (such as healthcare), you may want custom advice on dismissal procedures or phased returns, to avoid any compliance risks.
Key Takeaways: KIT Days at a Glance
- Keeping in Touch (KIT) days let employees on maternity, adoption, or shared parental leave work up to 10 (or 20 for SPL) days without ending their leave or losing statutory pay.
- KIT days are voluntary for both employer and employee – mutual agreement is essential and should always be in writing.
- Pay for KIT days should be agreed up front, meet at least National Minimum Wage, and not replace normal statutory leave pay.
- Exceeding the permitted number of KIT/SPLIT days may cause statutory pay to stop or the leave to end early – so keep careful records!
- Employers should clearly document policies, communicate proactively, and avoid treating employees less favourably for using (or refusing) KIT days.
- Building KIT day provisions into your contract of employment or staff handbook will protect both you and your team.
- For tailored workplace policies that keep you compliant, consult a legal expert or consider specialist support.
If you’d like specialist help with workplace policies or employment compliance – including making sure your keeping in touch arrangements are fully compliant – contact us for a free, no-obligations chat at 08081347754 or team@sprintlaw.co.uk. Our friendly team at Sprintlaw UK is here to help you build a supportive, legally robust workplace from day one.


