How to deal with keeping-in-touch days during maternity leave

Author: Katie Wood

Summary

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• Be aware that employees may work for up to 10 days during their maternity leave without bringing their leave to an end or losing their statutory maternity pay.
• Remember that any days of work during maternity leave must be agreed. You do not have to offer an employee any days of work during their maternity leave, nor can they insist on working.
• Take into account that keeping-in-touch days may be worked at any point in the employee's maternity leave other than during the two weeks' compulsory maternity leave immediately after the birth (four weeks where the employee works in a factory).
• Remember that keeping-in-touch days during maternity leave can be used for any work-related activity, including attending training, conferences and team meetings.
• Remember that any work done on a day during the maternity leave period will count as a whole keeping-in-touch day, even if it is for only an hour or so.
• Hold a pre-maternity-leave interview to discuss matters such as the amount and type of contact that the employee would like during their maternity leave.
• Consider what practical arrangements need to be made to enable employees to work during their maternity leave.
• Be very clear about how much employees will be paid for working a keeping-in-touch day during maternity leave, and whether their statutory maternity pay will be paid in addition to payment for the keeping-in-touch day or offset against it.
• Bear in mind that, once their 10 keeping-in-touch days have been used, the employee will lose a week's statutory maternity pay for any week in which they do any work during their maternity leave.