Keeping in touch days

Alison Hull · PayPerShop Member Joined: 28 Feb 2008 Posts: 35

Hi,
I have a client whose employee is taking just 6 weeks of maternity leave. Does anyone know if the full 10 days for keeping in touch still apply? Are there any rules about reducing prorata according to the leave taken (6/39ths in this case)?
Also, is it 10 days regardless of how many days a week the employee does? If so, for someone who does 1 day a week, you could be talking about 10 weeks worked but still getting SMP.
Lastly, is there anything to prevent the keeping in touch days being lumped at the end (or start!) of the 9 months, so in effect the employee comes back 10 days earlier, but still gets her last 2 weeks of SMP?
I'm sure all 3 scenarios fall fowl of the original intention of the legislation, but I can't find any restrictions to prevent them from happening. Grateful for any thoughts / links.

Ian Whyteside · Posted: Fri May 30, 2008 3:02 pm Post subject: Keeping in Touch Days

Hi Alison,

Yes, the advice isn't very clear is it? Have a look at BERR and they have some additional guidance on the matter, in fact they used to advise employers and employees to have the 10 KIT days lumped on the end of the MPP and call it a return to work period, so that answers one of your questions.

As far as I can tell there is no pro rata entitlement and she can have 10 days during the maternity period, full stop. There is nothing in the rules which prevent her from doing so just because she is only taking a few weeks of her entitlement.

Again I think you are right, that if someone works only 1 day a week then there is going to be 10 weeks of KIT, but then she is only going to get pay for that one day anyway.

I dont think they fall foul of the intentions really because all they were intended to do was remove the old barriers about contact with her during her absence. Many employers found it very hard to include the absent mother in team meetings and training without seeming to be pressurising her to return so KIT days stop that.

Interestingly I am doing some work for a London college whose Director of Personnel is due to return from maternity leave but who has not used any KIT days at all. This surprises me as I would have expected her to set an example to others.

Ian Whyteside

Alison Hull · PayPerShop Member Joined: 28 Feb 2008 Posts: 35

Thank you Ian, that puts my mind at rest. I'll look more closely at BERR, but that all sounds fine.
Thanks again, much appreciated.

Ian Congreave · Posted: Fri May 30, 2008 3:20 pm Post subject: Keeping in Touch Days

Alison, this is your lucky day, because, with one single exception, everything you have queried is permitted!

The 10 days applies irrespective of the length of the period of leave. The minimum period of maternity leave is the two weeks compulsory leave in the two weeks following the birth of the baby and those two weeks cannot be taken as KIT days. There is no such equivalent for adoption leave. So, in theory, a new mother could have her baby, be off on compulsory leave for 2 weeks, then do 2 weeks work and call them KIT days, then return to work. The employer can recover the appropriate percentage of that part of the payment for the 4 weeks that is the SMP. In the case of adoption leave, the first two weeks of SAP could be KIT days!

There is nothing to stop the final 2 weeks of maternity leave being treated as KIT days either. So, if a woman is entitled to 39 weeks SMP, she could return to work after week 37, and weeks 38 and 39 could be treated as KIT days, again with the appropriate percentage being recoverable.

10 days is 10 days, so an employee normally working one day a week (assuming average earnings are high enough to qualify) would be able to spread the 10 days over 10 weeks.

There is nothing wrong with employers taking advantage of any of those situations. The legislation is an example of the Government's new "light touch" approach,
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Alison Hull · PayPerShop Member Joined: 28 Feb 2008 Posts: 35

Thanks Ian, I forgot about compulsory leave at the beginning making KIP days then not possible - interesting difference SAP and SMP. I must admit, I'm quite impressed with this light approach. Wish they'd apply it to the pile of 07-08 underpayment notices on my desk!
Many thanks