Last reviewed: April 2026
Last updated: April 2026, with current Statutory Maternity Pay rates and the rules on Keeping In Touch days
Maternity leave is designed so you can rest, recover, and be with your baby. It is not meant to be a period when you carry on working. But life is not always tidy, and there are legitimate reasons you might want to do some work during your leave. A project you care about is coming to a head. A team day is coming up that you want to be part of. A training course is happening that will matter for your return. Or simply, you want to stay connected.
The good news is that the law has built in exactly this flexibility, through what are called Keeping In Touch days (KIT) and, for parents on Shared Parental Leave, SPLIT days. Used properly, they protect your pay and your rights while letting you dip a toe back in. Used badly (or not understood), they can cost you pay or lead to disputes with your employer.
Here is what they actually are, what they actually allow, and how to use them well.
The Basic Rule: 10 KIT Days For Mums On Maternity Leave
As a mum on maternity leave or adoption leave, you can work up to 10 Keeping In Touch days during your leave without ending your leave or losing your Statutory Maternity Pay.
A “day” means any amount of work in a day. Half an hour counts as one day. Six hours counts as one day. This is important to understand because it affects how you use them.
You do not have to use any KIT days. They are optional on both sides. Your employer cannot require you to work KIT days, and you cannot require your employer to offer them. They are a mutual, voluntary arrangement.
What Counts As Work On A KIT Day?
Quite a lot. Attending a team meeting. Sitting in on a training course. Appraisal or review conversations. A one-off project contribution. Strategy days. Interview panels. Even a video call counts if there is work being done on it.
What does not count: social catch-ups with colleagues, reading emails informally, dropping into the office for a chat. The test is whether you are genuinely working.
How KIT Days Are Paid
The law is vague on this, which trips people up. Statutory Maternity Pay continues to be paid on KIT days, but it does not have to be your only pay for those days. In practice, your employer should agree with you in advance what you will be paid. Common arrangements:
- Your Normal Daily Rate On Top Of SMP – most fair to you
- Your Normal Daily Rate With SMP Offset Against It – you end up with your normal pay for that day
- A Flat Fee Per KIT Day – some employers use a set amount
What you should not accept without question is “just SMP” for a full day’s work. Agree the arrangement in writing before the KIT day, not after.
What Happens If You Go Over 10 Days?
This is where it hurts. If you work an 11th day during your maternity leave, you lose a full week of SMP. Not a day. A week. And this applies for each additional day.
If a genuine work need arises and you want to work more than 10 days, it may make more sense to formally end your maternity leave and return to work, then use annual leave or flexible arrangements. Talk to HR or a solicitor before agreeing to anything that takes you over 10.
For Partners On Shared Parental Leave: 20 SPLIT Days
If you have ended your maternity leave and moved into Shared Parental Leave (SPL), a different set of rules applies.
SPL gives you 20 Shared Parental Leave In Touch (SPLIT) days across your total SPL period, per person. This is in addition to your 10 KIT days during any maternity leave taken.
That means: if you took some maternity leave first and then converted to SPL, you could potentially have 10 KIT days (during maternity) plus 20 SPLIT days (during SPL) available. If your partner is also on SPL, they also get their own 20 SPLIT days.
Same principles apply: any amount of work on a day counts as a full SPLIT day, the pay arrangement should be agreed in writing in advance, and going over the limit costs you a week of Shared Parental Pay per extra day.
What Your Employer Can And Cannot Do
What Your Employer Can Do
- Offer You KIT Or SPLIT Days and explain the proposed arrangements
- Ask You To Take Them For Specific Purposes (training, team days, appraisals)
- Agree Pay Arrangements With You (ideally more generous than SMP alone)
- Invite You To Events Without Treating Them As KIT Days (birthdays, Christmas parties, if you want to attend socially)
What Your Employer Cannot Do
- Require You To Work KIT Or SPLIT Days. They are voluntary.
- Pressure You To Take More Than You Are Comfortable With. Being pressured is itself a potential issue.
- Penalise You For Not Taking Them. You must not be treated worse for declining.
- Count Your Breastfeeding Breaks Or Antenatal Appointments As KIT Days. These are separate rights.
How Much Will You Be Paid On Maternity Leave In 2026/27?
For reference, so you can compare what a KIT day is worth against your normal SMP:
- First 6 Weeks: 90% of your average weekly earnings
- Next 33 Weeks: £194.32 per week, or 90% of average weekly earnings, whichever is lower (the £194.32 rate applies from 6 April 2026, up from £187.18 the previous year)
- Remaining 13 Weeks (If Taken): Unpaid
This is why KIT day pay arrangements matter. If your normal daily rate is £150 and your SMP works out at about £39 per day, working a KIT day for “just SMP” means you worked a full day for roughly a quarter of your normal pay. Always agree the arrangement up front.
Tips For Using KIT Days Well
Do Not Agree To Anything Without It Being In Writing. An email thread confirming the date, purpose, and pay is enough. This protects both sides.
Arrange Childcare Properly. KIT days are not sneaky half-days where you check emails while breastfeeding. If you are committing to a KIT day, commit to it, which usually means arranging proper cover for your baby.
Think About Why You Are Doing It. Good reasons: staying involved in a project you care about, keeping pace with team developments, testing how work feels before you decide on return. Less good reasons: a boss who cannot let go, a guilty feeling that you “should” be visible, or unspoken pressure you cannot quite name.
Keep A Simple Record. Dates worked, what you did, and what you were paid. If a dispute arises later, this is what decides it.
Listen To How You Feel Afterwards. If a KIT day leaves you energised and clear-headed, that tells you something useful about your return. If it leaves you drained and resentful, listen to that too.
When KIT Days Become A Warning Sign
Occasionally KIT days are used less helpfully. If your employer is:
- Trying to get you to work frequently without paying you properly
- Blurring the line between “social catch-ups” and actual work
- Making you feel you cannot say no
- Using KIT days to assess whether you “still fit” the role
These are concerning. You can push back, and you should. KIT and SPLIT days are a flexibility for you, not a loophole for employers who do not want to fully respect your leave.
Your Next Steps
If you are considering taking KIT or SPLIT days during your leave:
- Check Your Employment Contract And Staff Handbook for any existing policy on KIT day pay.
- Decide How Many, If Any, You Actually Want To Take.
- Agree The Pay Arrangement In Writing before the first one.
- Arrange Proper Childcare for each day.
- Keep Records of dates, duties, and payments.
- Revisit The Arrangement if it stops feeling right.
Professional Templates For KIT Day Agreements
Having a clear written agreement with your employer about KIT or SPLIT days protects both sides and removes ambiguity from what is already an unusual arrangement.
Our legal document generator at motherswhowork.co.uk/mumslegalfriend includes templates for:
- KIT day agreement letters
- SPLIT day agreement letters
- Return to work planning documents
- Flexible working requests for the return itself
Each template comes with guidance notes explaining when and how to use it and what to include.
One Honest Word Before You Go
Maternity leave is a precious, short, never-to-be-repeated season. The law has built in KIT and SPLIT days precisely because life does not always stop for leave. But the default position is rest, recovery, and bonding. Do not let anyone, including yourself, forget that.
If a KIT day helps you ease back in, use it with purpose. If it starts to feel like “work with a baby strapped to you,” step back. Your future self will thank you.
For nineteen years, Mothers Who Work has been walking alongside women through exactly these decisions. If you have not already, join our newsletter at the foot of this page for practical updates and honest advice, or become part of the MWW Club for community with women navigating this season alongside you.
This guide provides general information about KIT and SPLIT days in the UK and should not be treated as specific legal advice. For advice about your particular situation, consult a qualified employment solicitor. For professional legal document templates and comprehensive guidance, visit motherswhowork.co.uk/mumslegalfriend.
