Introduction
Your rights relating to working, time off and financial support when you have a baby are detailed in the Government website:
Keeping-In-Touch Days During Maternity Leave
Employee rights when taking maternity and other types of parental leave – GOV.UK
Up to 10 Keeping-In-Touch (KIT) days can be worked by pregnant employees without it affecting their rights to maternity leave or pay. KIT days cannot be taken during the period of compulsory maternity leave (i.e. the first 2 weeks after the child’s birth).
During KIT days, employees can carry out work for you. This could be normal day-to-day work or could, for example, be attending a conference, undertaking training or attending a team meeting.
Any amount of work done on a KIT day counts as one KIT day. Therefore, if an employee comes in for a one-hour training session and does no other work that day, she will have used up one of her KIT days.
If work on a KIT ‘day’ straddles midnight, this counts as one KIT day – as long as this is the employee’s normal working pattern.
Payment for Keeping-In-Touch Days
You and the employee should agree on how much you will pay her for a KIT day – this could be set out in her contract of employment or you may decide on a discretionary, case-by-case basis.
If the employee is receiving statutory maternity pay (SMP) when she works a KIT day, you must continue to pay her SMP for that week. If the employee does more than ten days’ work for you in her SMP period, she is not entitled to SMP for any week in which she works if she has already worked ten keeping-in-touch days. You do not have to pay her SMP for any week in which she works both the last of her KIT days and any additional days.
The SMP the employee receives for the week in which she works a KIT day can count towards any contractual pay you agree with her for working that KIT day. However, you could agree that she will receive her normal daily rate in addition to the SMP for that week.
Whatever the arrangement, you can still continue to recover SMP from HM Revenue & Customs (HMRC) as normal .
You will need to comply with your statutory obligations, such as paying at least the national minimum wage, as normal.
Reimbursements for GP Cover for Maternity Leave
The Entitlement to payments for covering ordinary or additional maternity, paternity leave, neonatal care leave, ordinary or additional adoption leave or shared parental leave is set out in General Medical Services Statement of Financial Entitlements Directions – GOV.UK
Under the SFE Directions 2026:
The maximum amount payable for a GP performer is—
(a) in respect of the first two weeks – £1, 475.17 per week;
(b) in respect of any week thereafter for which NHS England provides reimbursement – £2,238.03 per week.
General Medical Services Statement of Financial Entitlements Directions 2026
Any amounts payable are not to be paid on a pro-rata basis having regard to the absent performer’s working pattern; and are whichever is the lower of the invoiced costs or the maximum amount payable in respect of any week
To claim the maternity leave reimbursement, please contact the Primary Care Team at your ICB who will be able to provide you with the appropriate form. It is important to ensure you submit claims within the specified timescales.
Protection Against Detriment or Dismissal in Relation to Keeping-In-Touch Days
An employee can only work a KIT day if she wants to and you agree to it – you cannot make an employee work a KIT day against her wishes, nor can the employee insist she works a KIT day if you don’t agree to it.
It is unlawful for you to treat an employee unfairly or dismiss her because she:
- refused to work a KIT day
- worked – or considered working – a KIT day
If an employee believes that you have treated her unfairly or dismissed her under in these circumstances, she may:
- resign and claim constructive dismissal
- raise a grievance with you, which may result in a tribunal claim for detrimental treatment, unfair dismissal and/or sex discrimination if you fail to address it