Employer asking me to work during maternity leave: who helps?

Summary

Your employer can stay in reasonable contact while you are on maternity leave, but it cannot make you work. You can agree to do up to 10 keeping in touch days (KIT days) without ending your leave. Both of you must agree, and you should agree the pay first. Saying no should not lead to worse treatment. Use the contact to get your agreed return date and hours confirmed in writing, especially if the business is restructuring.

Key information

• KIT days: up to 10 days of work during maternity leave, only if you both agree. Even a short piece of work can count as a whole day.
• You can say no: you must not be treated badly for refusing KIT days or for taking maternity leave.
• Pay: agree the rate for KIT days before you do them. Check your contract or policy.
• Reasonable contact: updates, return planning and news about vacancies are fine. Pressure to work is not.
• Return plans: if a phased or part time return was agreed, ask for it in writing. If it is not yet formal, make a flexible working request.
• Redundancy protection: from pregnancy until 18 months after the birth, you get priority for suitable alternative roles if your job is at risk.
• Deadline: most claims start within 3 months less one day, after ACAS early conciliation.
• ACAS can: explain contact during leave, KIT days and your right to return through the ACAS helpline; explain making a flexible working request. They will not speak to your employer for you outside early conciliation.
• Maternity Action can: give free advice on maternity rights, including keeping in touch days. Start at Maternity Action. They will not represent you at a tribunal.
• Working Families can: advise on flexible working and returning to work after leave. See Working Families. They will not negotiate with your employer.

Practical guidance

• Reply in writing: you are happy to help as an agreed KIT day at an agreed rate, or you decline politely.
• Ask your employer to confirm your agreed return date and part time hours in writing.
• If the hours are not formally agreed, make a written flexible working request.
• Keep notes of calls and messages, including who asked you to work and when.
• If you feel pressured or your role changes, call the ACAS helpline or Maternity Action.
• Ask the Shaman to map the steps and dates.

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