KIT days whilst on 90% SMP pay

[Birminghambabe03]

I ended up taking maternity leave early due to a couple of reasons but I’ve agreed to work a few days at the start of June whilst I’m still on 90% SMP that you get for 6 weeks.

Should my employer be paying a daily wage ON TOP of my 90% SMP?

You need to check the company policy, but it would be perfectly acceptable to have KIT days just topping up SMP as a policy.

Usually in practice, no. Employers tend to “top it up” so e.g. normal daily pay £150, SMP accounts for £90 of that day, they pay the extra £60 so you get £60 more than you would have for not working, not full SMP plus a full days pay.

No. You're entitlement is to paid maternity leave, not maternity pay. If you're working you're not on leave. You can't have your cake and eat it.

Your employer can choose what rate to pay KIT days, it can be less than your usual wage as long as it is at least minimum wage.

It would be unusual for an employer to pay SMP + 1 days pay. It’s most likely that they have a set calculation for KIT days, and it’s either that amount less SMP, or SMP plus that amount, capped at a full days pay.

You can work 10 KIT days whilst on maternity leave. It’s not about having my cake and eating it, I ended up going on early mat leave as I became very poorly but a colleague has had to take a last minute sudden 3 days off and I’ve been ask to come in as KIT days.

I am minimum wage so if my employer tops me up to a full day I’d only be earning about £11 for the 3 days I work in June as kit days, I’ll talk to them

I earn just over £100 a day so 90% SMP is £90

This will almost certainly be the case OP. I don’t know many employers who pay SMP + full days pay, especially for min wage jobs. They pay the least they can & don’t budge for one person as then they would have to for everyone.

I’ll talk to them and find out, obviously I don’t want to be going into work for £10 a day x

In that case you will most likely be paid minimum wage, including SMP.

KIT days are entirely optional OP and you can definitely tell your employer you no longer wish to work them. If you’re worried just tell them you don’t feel well enough.

Did they tell you to start your maternity leave early, or did you decide to yourself?

My employer paid KIT days at full day rate on top of maternity pay. You will need to ask them.

no they just top up your smp. You have the right to say no to these KIT days so early on, stay with your tiny baby and do some after month 9 when it’s worth it

This is why most people only take KIT days once they're on unpaid maternity leave and want to top up their income.

Remember KIT days are entirely your choice. You don’t have to do them
and can’t be required to. If they aren’t willing to pay you I wouldn’t do it

even then there’s really no advantage to
do this when your baby is newborn. I would say no