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Techincally still on mat leave but being given work

8 replies

ThreeBecameFour · 21/05/2014 16:48

Just wanted to get perspective on this. I am back at work from mat leave in early June. For the last 2 weeks I have been sent work by email and phone calls. I went in for 1/2 a KIT day today and have come away with work I have to do by the end of the week. Is this normal? The tasks are to do with my team and management. But they could technically wait until my return. Am I being over sensitive? It has taken over my last few days being with my children. I am looking forward to working again so it isn't because I am work shy. More that I am not being paid other than for the KIT time...

OP posts:
KittyandTeal · 21/05/2014 16:53

Nope not ok. No work during maternity leave. You could do some on kit days but they have to put it down as a kit day not just do it at home.

Blankiefan · 21/05/2014 17:05

It depends on your perspective. I did several KIT days (which I wasn't "paid"for as it was during full company mat pay leave) and worked throughout my mat leave from home.

However - this was my choice. It kept me in the loop and made going back easier (less mess to clean up!). If you don't want to do it, have a conversation with your manager.

Sandthorn · 24/05/2014 09:14

I don't think it does depend on perspective, blankie. Or no more than it's a matter of perspective whether your employer should expect you to work for free on weekends, or during your annual leave.

OP raised a couple of issues: extra home-working tagged onto KIT days. They need to treat all the days you work during ML as KIT days, whether or not you're in the office. And if you are required to come in for part of a day, they need to treat that as a whole day and pay you accordingly. If they'd made it clear that this was a whole day's work, of which half would be home-working, then maybe what they've given you would be fair enough, but If that's what they intended, I don't think they've communicated it well at all. If they are paying you for a half day, they shouldn't be, even if they didn't set you extra work on top.

Blankie's post raised a couple more: you should have been paid for KIT days on top of your maternity pay. These things aren't an exemption for your employer from paid maternity leave. If they want you to work during your maternity leave, they pay you extra, otherwise they're just cheating you of your leave allowance, and getting a few cheap days work, as most of us don't get full pay throughout maternity leave. KIT days can be great for keeping you informed about changes in the work place... That is what they were intended for. But both employer and employee need to treat them in the spirit they were intended, otherwise they will just be an extra pressure on women (and men) to work beyond what they're paid for. Blankie, maybe you do voluntarily work weekends and holidays as well, and in one sense, that's your business. But I worry that you might be setting a benchmark that other people will be expected to live up to, when they most certainly shouldn't have to.

Framboisier · 24/05/2014 09:34

Sand - think you've got the wrong end of the stick with the second part of your post.
Blankie said she didn't get 'extra' pay because she was already getting 100% enhanced company mat pay. No company needs to pay more than 100%...because then women on mat leave doing KIT days would be earning more than other people...including people who don't ever get to go on mat leave (ie men) thereby creating a discrimination issue!

It is perfectly acceptable to set KIT day pay levels up to 100% normal pay...and why I did my KIT days once I was out of the full pay period (but appreciate it can't always be managed like that)

OP - to answer your question...whether you are working in the office or from home, I would suggest any work should be classified as a KIT day - that both parties agree to - and treated as such.

flowery · 24/05/2014 15:38

You are not being over-sensitive, you're on maternity leave. However you won't have helped yourself by accepting work sent to you rather than saying no, sorry, I'm on maternity leave still.

Just ring or email your manager and say you won't be able to do the work you've been given as you are still on maternity leave and will do it when you are back and can give it your full attention.

rallytog1 · 25/05/2014 14:42

No Framboisier, Sand is correct. If you do any KIT days while you're on 100% pay, your employer must effectively extend the full pay part of your mat leave by the number of KIT days that you do.

Framboisier · 25/05/2014 22:12

Rally - not according to any policy I have ever been subject to, or written! It does not make any logical sense that an employer would pay more....

flowery · 26/05/2014 09:56

"No Framboisier, Sand is correct. If you do any KIT days while you're on 100% pay, your employer must effectively extend the full pay part of your mat leave by the number of KIT days that you do."

That's nonsense. There's no obligation for employers to pay for KIT days at all. Any amount they pay is entirely for negotiation between the employer and employee. The only legal bit is if any money is paid for up to 10 days, the employee's SMP is not affected.

If the employee wants to do KIT days when they are on full pay, they could ask the employer to extend that portion of their maternity leave but there's no obligation for the employer to agree. The employee is free to decline KIT days in those circumstances if they choose.

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