Guidance Notes: Maternity / Adoption Leave Keeping-In-Touch (KIT) Days Introduction Planning your maternity/adoption leave can be a daunting prospect. As well as ensuring that you have completed all the right paperwork and working out how much time you can afford or want to take off, you need to get used to the prospect of being away from your job, workplace, colleagues and normal daily routine for a considerable period of time. Following the introduction of the Employment Act 2006 and the Maternity Leave Regulations 2007, if you are an employee contracted to work on a full or part time basis you may now take up to 52 weeks’ maternity/adoption leave (subject to the following qualifying conditions:26 weeks’ ordinary maternity/adoption leave (OML/OAL). This right applies regardless of your length of service. If, at the beginning of the 14th week before the expected week of childbirth, you have completed 26 weeks’ continuous employment with your employer you are also entitled to a further 26 weeks' additional maternity/adoption leave (AML/AAL), which begins at the end of OML/OAL*.) *This is the statutory minimum, some contractual terms may vary. As a result, it is now quite common for mothers and adoptive parents to take up to 12 months off work on maternity/adoption leave. While a longer period of maternity/adoption leave provides you with more precious months at home with your children, it can also make the prospect of returning to work once it’s over much more daunting. Keeping-in-Touch (KIT) days can provide a number of advantages for both you and your employer for the smooth transition back after maternity/adoption leave. KIT days are available to all employees who are eligible to receive Maternity or Adoption Allowance, irrespective of their terms and conditions of employment. Contents What are Keeping in Touch (KIT) Days? 2 Payment for KIT Days 3 What work can you do on KIT Days? 2 Preparing for your return to work 3 When can you take your KIT Days? 2 Useful Links and Contacts 4 What are Keeping-in-Touch (KIT) days? As part of the Social Security Maternity/Adoption Allowance, there is provision for those in receipt of Social Security Maternity/Adoption Allowance to work for up to 10 days during the Maternity Allowance/Adoption Allowance period without losing any benefit. These are known as ‘KIT’ days. Further information on Social Security Maternity/ Adoption allowance is available online- https:// www.gov.im/categories/benefits-and-financialsupport/social-security-benefits/social-securitybenefits-a-z/ or by contacting the General Benefits Section on Tel: 685105.You are not obliged to do any work whilst on maternity/adoption leave, but you can agree to work up to 10 ‘KIT’ days. Similarly, your manager is not obliged to offer such days to you, however ‘KIT’ days can be a valuable way of helping you keep in touch with your workplace and take on some work, complete a project or attend training without this affecting any Maternity/Adoption Allowance you may be receiving. Essentially, you cannot insist on working a ‘KIT’ day. This is a matter for agreement between you and your employer. ‘KIT’ days should usually include work you might normally do under your contract of employment. These 10 days can be taken regardless of whether you work full or part time. In addition to ‘KIT’ days, it is good practice for both you and your manager to maintain reasonable contact during your maternity/adoption leave e.g. to discuss plans for returning to work, provide an update on developments in the workplace, keep you informed about vacancies or for the purposes of employment engagement activities. Reasonable amounts of contact do not count as work and are separate from a ‘KIT’ day. To help facilitate this you may wish to discuss with your manager, prior to commencing your leave, the best form of contact for you. You must notify Social Security, General Benefits (Tel: 685105) if you do any work, including ‘KIT’ days during your Maternity/Adoption Allowance period. If you use up your 10 ‘KIT’ days and you undertake any further work, you will lose a day’s Maternity/ Adoption Allowance for any additional ‘KIT’ day you work. What work can you do on KIT days? The type of work you do on a ‘KIT’ day can range from a normal day of work, to attending training courses and any other work events. Any work you do as a ‘KIT’ day, even for as little as half an hour, will count as a whole KIT day. ‘KIT’ days do not apply to bank/relief work. Any bank/relief work you chose to undertake whilst on maternity/adoption leave from your full/part-time role will result in you bringing your period of maternity/ adoption leave to an end with immediate effect. When can you take your KIT days? ‘‘KIT’ days may be taken at any point during the maternity or adoption leave period except in the first two weeks after the birth/placement. ‘KIT’ days do not need to be consecutive. You can work single days, in blocks of 2 or more days or all 10 days consecutively but should always be agreed in advance with your line manager. If work on a ‘KIT’ day is overnight and spans midnight it counts as one ‘KIT’ day but only if this is part of your normal working pattern. You can also use ‘KIT’ days to facilitate a period of part time working prior to returning to work if you and your employer both agree to this. 2 Payment for KIT days A ‘KIT’ day must be agreed between you and your manager before you undertake any work. If you work a ‘KIT’ day during any period of leave attracting Maternity/Adoption Allowance then this entitlement will not stop. You will still be regarded as being on maternity/adoption leave providing you do not exceed the 10 day period. Payment for any hours of work/training as a ‘KIT’ day will be based on your normal hourly rate of pay, subject to this amount not exceeding your normal daily rate of pay, in the event you undertake a ‘KIT’ day whilst you are still receiving an element of contractual pay. Payment will be made on submission of an authorised claim form (via your manager) to Payroll and paid to you within the next available monthly pay even if you are not yet back at work. Time off in lieu (TOIL) may be offered for ‘KIT’ days as an alternative to payment. Whilst any work you do as a ‘KIT’ day, even for as little as half an hour, will count as a whole ‘KIT’ day, payment (or TOIL) is based on the actual number of hours you work/attend training*. *Subject to this amount not exceeding your normal daily rate of pay, in the event you undertake a ‘KIT’ day whilst you are still receiving an element of contractual pay. Your manager will keep a record of the days you work and arrangements regarding pay or TOIL must be agreed prior to any work being undertaken. You must notify Social Security, General Benefits (Tel: 685105) if you do any work, including ‘KIT’ days during your Maternity/Adoption Allowance period. If you use up your 10 ‘KIT’ days and you undertake any further work, you will lose a day’s Maternity/Adoption Allowance for any additional ‘KIT’ day you work. Preparing for your Return to Work It can take a while to adjust to work life and balancing work and a family is never easy. You may prefer to work differently when going back to work after a period of maternity/adoption leave in order to balance your job and time with your family or childcare needs. Flexible working hours may be an option for you to consider. Whilst there is a legal right for an employee who has been continuously employed for at least 26 weeks to make a request for flexible working, there is no entitlement to flexible working following maternity/adoption leave. Your employer will need to consider the practical implications of your proposed working pattern and whether such a request can be operationally accommodated. If you would like to raise the possibility of flexible working with your manager approach them as early as possible to discuss what opportunities there may be for flexible working in your area. Further guidance on how to request flexible working can be made available from your HR Advisory Team within the Office of Human Resources (Tel: 685000). In keeping in touch with your manager during your maternity/adoption leave, it can be useful to develop a ‘back to work plan’, to help with your transition back into the workplace. You may also wish to consider your personal development needs and whether you would benefit from some mentoring or coaching support. This could be provided by a colleague as part of your back to work plan and/or continuous professional development (CPD). Coaching support is also available from the Isle of Man Government Coaching Network via the Learning, Education and Development (LEAD) team. A coach can offer independent confidential development support at any point during and after your maternity/adoption leave in helping you to consider all the key aspects of a successful transition back to work. If you feel you would benefit from some coaching and would like any further information regarding the Coaching Network within Isle of Man Government, please contact LEAD on Tel: 685724. 3 Useful Links Maternity Guidance Document for PSC and MPTC employees https://www.gov.im/lib/docs/hr/Health_Welfare/ maternityhandbook.pdf For employees on other terms and conditions, please contact your Department’s HR Advisor Social Security Maternity / Adoption Allowance https://www.gov.im/categories/benefits-and-financial-support/social-security -benefits/social-security-benefits-a-z/ Applying for Flexible Working PSC Civil Servants: www.gov.im/hr/iomcs/cs_regs/section_F/flexibleworking.xml#f140 PSC Manual and Craft Workers: www.gov.im/lib/docs/hr/Whitley/ax19complete.pdf MPTC: www.gov.im/lib/docs/hr/Information_Centre/ manxpaytermsandconditions.pdf For employees on other terms and conditions, please contact your Department’s HR Advisor. Useful Contacts Office of Human Resources 685000 Your OHR Contact Your Line Manager Social Security / General Benefits 685105 LEaD 685724 4
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