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keeping in touch days and mat leave

9 replies

learningtofly · 31/01/2012 20:48

I had always thought that these were at the desire/discretion of the parent/carer on maternity leave and not compulsory or enforceable by an employer.

I would be interested to know if an employer can insist on someone attending for these days during their maternity leave?

Many thanks
Ltf

OP posts:
HoneyandHaycorns · 31/01/2012 20:50

Not an expert, but I'm pretty sure the employer can't force you.

learningtofly · 31/01/2012 20:58

Thanks honey that's what I had thought too.

The question came up after a throw away comment I heard today and I have mulled it over since. It was over contractual obligations from an employee aspect but the expectation seemed to be that it was somehow enforceable that an employee could be made to fulfill this obligation using their KIT days.

And I had always thought this wasn't the case.

OP posts:
LikeAnAdventCandleButNotQuite · 31/01/2012 21:00

DWP website:

"Working in the MPP for the employer paying you SMP - Keeping in Touch (KIT) days
You can work under your contract of service for the employer paying you SMP for up to 10 days during your MPP without losing any SMP. These special days are known as KIT days.

KIT days are intended to help you keep in touch with your workplace and allow you to do some work during your Maternity Pay Period without affecting your SMP. They could also help ease your eventual return to work. The type of work you do could be attending work for a training course or for an appraisal interview. These are just examples, but whether you take advantage of these days is your choice. Both you and your employer should agree that you can work on those days. Your employer does not have any right to insist that you work.

Any work you do as a KIT day, even as little as half an hour for example, will be counted as a whole day for KIT days. They can be taken as single days; in blocks of two or more days; or can be taken consecutively. Once you have used up your 10 KIT days and you do any further work, you will lose a week?s SMP for the week in the Maternity Pay Period in which you have done that work. If a week in your Maternity Pay Period contains only KIT days, you will be paid SMP for that week. If a week in your Maternity Pay Period contains the last KIT day and you do a further days work in the same week for the employer paying you SMP, you will lose SMP for that week.

For any KIT days that you work under your contract of service for the employer paying you SMP, your employer must pay you the SMP due for that week as a minimum. Any contractual payment for the work done as a KIT day, will depend on the agreement between you and your employer.

"

learningtofly · 31/01/2012 21:05

advent that is very useful! To me that clearly indicates these are not enforceable and shouldn't be.

OP posts:
LikeAnAdventCandleButNotQuite · 31/01/2012 21:09

hth

Grin
learningtofly · 31/01/2012 21:21

it does - makes me feel much more informed and that I am not entirely losing my marbles! Grin

OP posts:
LikeAnAdventCandleButNotQuite · 31/01/2012 21:36

Just your work being nobs then, im guessing and trying to force you to come in?

learningtofly · 31/01/2012 21:41

sadly no not me - worse in fact - cant really go into too much detail as I cant risk being identified in RL - but am in a (very) slightly senior position and this was put to me as a solution to ensuring people meet their contractual obiligations.

OP posts:
LikeAnAdventCandleButNotQuite · 31/01/2012 21:44

Ah, no problem, I understand. Hope you all come to a suitable solution.

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