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Working during maternity leave (more than KIT days) - OK?

13 replies

coffeeforone · 07/08/2018 15:28

I understand that working more than 10 days and still receiving SMP is not allowed. If I go over the 10 days does anyone know what the implications could be for myself or my employer?

The work will be remote working from home, and will probably add up to about 10 working days in total (so about 80 hours but spread across more than 10 days due to juggling baby, toddler and work!). I want to do the work as it will make my job so much easier when I return and am more than happy with the arrangement. I won't be paid extra for my KIT days, but I will receive company maternity pay for the first 3 months (SMP topped up to full pay), then 3 months of SMP. Returning to work after 6 months and my SMP will stop then.

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Lazypuppy · 07/08/2018 20:43

I presume you just can't be paid. You KIT days will.be SMP topped up to your normal day rate.

I personally wouldn't work for free

trilbydoll · 07/08/2018 20:45

I think strictly speaking it ends your mat leave. I did more than 10 kit days, maybe 1 or 2 more, we added them onto my holiday on my return. Everyone was happy with that.

Schoolchoicesucks · 07/08/2018 20:54

Agree that I think working more than 10 kit days means end of mat leave. So you'd be expected to return to work/be on annual or unpaid leave once you'd done the 10.
Can you make the 80 hours look like 10 days only? (rather than 20 half days or whatever)
I would be expecting them to be paid if it was into the smp only part of my maternity leave too.
I think your employer's getting a good deal here...

coffeeforone · 08/08/2018 08:53

Thanks for the replies.

I've considered asking to be paid for the time worked but I think it would work out better for me if I don't, as they pay an annual bonus where they recognise extra effort, unpaid overtime etc. This is likely to be much more than the amount I would receive on top of my SMP if I were to be paid my daily rate for KIT days. I'm just wondering how things stand legally if I 'work for free' initially. I guess if myself and my employer are both happy then there shouldn't really be an issue?

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mrs2468 · 08/08/2018 08:58

Who would know? If your doing effectively the same hours but over more days than 10 aren't you still getting paid for the hours you work and you have just made a flexible arrangement with your employer as to how you work them? Sorry I might be being daft

NWQM · 08/08/2018 09:06

Personally I would try and at least negotiate time off in lieu. I know you’ve said that it will make your life easier when you return but that could be a slippery slope. Have you returned to work with this employer after mat leave before?

coffeeforone · 08/08/2018 16:39

Have you returned to work with this employer after mat leave before?

Yes, I did a similar thing last time re unpaid KIT.

@mrs2468 you're probably right, no one will know and I'm probably overthinking it. I just don't want to get myself or my employer into trouble.

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longbar · 08/08/2018 20:18

That’s not even a great maternity package, and sets an awful precedent for other employees, but it’s up to you! Did you get the bonus the last time you did the extra days? I thought smp lasted for 9 months in total?

Lauren83 · 08/08/2018 20:25

I did this, there's a loophole where changing to shared parental leave gives you another 20 'split' days, I wanted the extra pay and work needed me so I asked was there any way round it and they looked into it and said I could do that. They just switched me over, it didn't affect my mat pay and DPs work didn't have to do anything

Lauren83 · 08/08/2018 20:27

Sorry that's if that's an option for you I mean

BakedBeans47 · 08/08/2018 21:17

If I go over the 10 days does anyone know what the implications could be for myself or my employer?

Not much for your employer really but your maternity leave will come to an end.

If you can take shared parental leave you can have 20 KIT days

QforCucumber · 08/08/2018 21:25

You can only be paid for 10 days in addition to your smp. If payroll process 11 or more days the smp they receive back is automatically stopped and you are viewed as having returned to work. I did some abd took leiu time, but also - any partial day worked classes as a KIT day, be it 1 hour or 12.

coffeeforone · 08/08/2018 22:06

Thanks again for the replies!

@longbar my SMP will end because I will go back to work after 6 months. Yes I did get a good bonus last time I worked the extra days.

I won't be paid for the KIT days so the payroll system won't know about it.

I will look into switching to shared parental leave and SPLIT days, thanks!

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