Do you have a policy for keeping in touch during family leave?
5 June 2024
Returning to work from family leave can be a significant adjustment for many employees. As well as negotiating practical considerations, such as childcare and new family-related commitments outside of work, they may also need to adjust to significant changes in the workplace, including new colleagues, technological or workflow changes, and new business initiatives. If used thoughtfully, keeping-in-touch (KIT) days can help an employee to feel included in any changes and support their transition back to work.
The employee and employer can agree that the employee participates in up to ten KIT days during their family leave. However, employers are not permitted to use KIT days to force an employee to work during their family leave; these arrangements are entirely voluntary.
In this article, we outline:
who is eligible for KIT days
the potential benefits of KIT days
examples of good and bad practice
pay arrangements
Who is eligible for KIT days?
KIT days are available to employees on adoption leave and maternity leave. In the case of maternity leave, KIT days can only take place after the two-week period of compulsory maternity leave following birth. Up to ten KIT days can take place without maternity leave/pay or adoption leave/pay being brought to an 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 the ten KIT days. The same considerations apply to SPLIT days as KIT days.
There is no provision for KIT days during other types of statutory family-friendly leave, such as paternity leave, unpaid parental leave, or parental bereavement 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 to allow an employee to attend occasional departmental meetings, away days, or training sessions. These practices can help an employee to feel motivated by an ongoing sense of connection to the workplace, and can help ensure their skills and knowledge are kept up to date. Employees may also enjoy the opportunity to see colleagues occasionally. All of this should help make their return to work easier.
Agreeing KIT days
Neither the employer nor the employee can insist on KIT days.
It is good practice to have a discussion with the employee, before their leave commences, about whether they would be interested in KIT days and, if so, the type of events or work they might be interested in.
It should be made clear that KIT days are optional and the employee can change their mind even if they agree to participate before going on leave.
If the employee does not agree to be contacted and there is an important workplace development while they are on leave which the employer believes they should know about, we would recommend taking legal advice before contacting the employee.
Practical considerations
Employers should think about practical arrangements for the employee when they attend a KIT day – for instance, whether they will be able to use their usual workspace and log in to any IT equipment.
KIT days can also be used for remote working, but the employer will need to ensure the employee is set up to work remotely.
KIT days can be organised in blocks or separately. KIT days are most useful close to the date when the employee will return, to help with the transition, but they can be taken at any time after the two-week period of compulsory maternity leave.
Can the employee be required to carry out work on a KIT day?
While KIT days are often used for training or team away days, they can also be used for doing work. The employer and employee are free to agree this. For example, the employee might have specific knowledge on a project that needs their input.
Should the employee be paid for a KIT day?
There are no rules on pay for KIT days in the family leave regulations, although employers must still pay the national minimum wage.
It is good practice to discuss pay for KIT days before the employee goes on leave. We recommend including this in your family leave policy. Some employers offer full pay or time off in lieu when the employee comes back to work. Otherwise, there is little financial incentive for the employee who may incur travel and childcare costs.
If the employee is in receipt of statutory leave-related payments, such as statutory maternity pay, at the time of the KIT day, it may be possible to offset statutory pay against any pay for KIT days, but we recommend taking legal advice before doing this.
Errors to avoid
Employees should not feel pressurised into working or attending events during family leave, and they are protected from less favourable treatment if they do not agree to participate in KIT days. Dismissing an employee for refusing to agree to a KIT day would be an unfair dismissal.
KIT days cannot be split up. Even one hour working or training will count as a whole KIT day for the purposes of the statutory maximum of ten days.
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.
To avoid a discrimination claim arising from excluding employees on family leave from workplace communications, the employer should ask before leave commences whether they want to receive workplace news and invitations to social events.
Employees on family leave should also be informed about promotion opportunities which arise.
How we can help
Our experienced employment lawyers can help you make the most of the flexible arrangements for KIT and SPLIT days and ensure that your policies on family leave are up to date. For further information, please contact the team at Synchrony Law.
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.