Keeping in Touch (KIT and SPLIT) days
[ch 9: page 314]During maternity or adoption leave, an employee can carry out work or training of up to 10 days for the employer without losing their right to statutory pay or bringing the statutory leave to an end. These are known as Keeping in Touch or “KIT” days. KIT days are voluntary and must be agreed by both parties. Any work or training, even just for a few hours, will count as one of the 10 KIT days.
During SPL, an employee and employer can agree up to 20 Shared Parental Leave in Touch (SPLIT) days. Again there is no obligation on the employer to offer the days, or for the employee to agree. They could be used for work-related activities such as training sessions or team meetings, or to work part of a week to help the employee return to work in a gradual way.
There is no statutory right to pay beyond statutory minimum maternity, adoption, or shared parental pay on KIT or SPLIT days. Any extra pay is a matter for the employment contract or for negotiation and agreement if there is no formal policy in place. However, the National Minimum Wage must be paid, and KIT or SPLIT wages must not be discriminatory. Acas says that employees should usually be paid their normal pay after off-setting any SMP, SAP or ShPP received during the relevant week.
Any negotiated policy should provide for members to be paid for the whole of a KIT day even though they work only a few hours, since their outgoings, mainly childcare and commuting costs, will be the same, regardless how many hours they work.