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employment

Keep in touch days during parental leave

Key Takeaway

Keep-in-touch (KIT) days allow employees on parental leave to work limited hours for their employer without affecting their parental leave entitlement. Both parties must agree, specifying the work details and hours. There are restrictions on when KIT days can be worked and a maximum of 64 hours applies. Payment for this work is required by the employer.

Keep-in-touch Days During Parental Leave in New Zealand

Keep-in-touch (KIT) days allow an employee who is on parental leave to undertake some work for their employer during the period of their leave. This framework ensures that employees can remain connected to their workplace, perform specific tasks, or attend training without losing their entitlement to parental leave benefits, provided certain conditions are met.

What are Keep-in-touch Days?

A 'keep-in-touch day' refers to a period during an employee's unpaid period of parental leave when they undertake work for their employer. The purpose is to allow the employee to perform work, attend training, or participate in other activities to facilitate their return to work [Source: Parental Leave and Employment Protection Act 1987, s 26AA(1)(a)]. The 'unpaid period of parental leave' refers to any period of parental leave, including extended leave, for which the employee is not entitled to paid parental leave [Source: Parental Leave and Employment Protection Act 1987, s 26AA(4)]. 'Paid parental leave' generally refers to the government-funded payments provided by Inland Revenue to eligible employees on parental leave.

Requirements for Keep-in-touch Days

For a keep-in-touch day to be valid under the law, specific conditions must be met:

  • Agreement Required: Both the employee and the employer must agree to the employee undertaking work during parental leave. This agreement must be in writing and must specify the nature of the work to be performed, the number of hours to be worked, and the dates on which the work is to be performed [Source: Parental Leave and Employment Protection Act 1987, s 26AA(1)(b), s 26AA(2)].
  • Payment for Work: The employee is entitled to be paid for any work performed during a keep-in-touch day [Source: Parental Leave and Employment Protection Act 1987, s 26AA(1)(c)].
  • No Impact on Parental Leave Entitlement: If the work is performed in accordance with the specified conditions, it does not affect the employee's entitlement to paid parental leave or any other entitlement to payments under a parental leave scheme [Source: Parental Leave and Employment Protection Act 1987, s 26AA(1)(c)]. This means that, within the legal limits, working KIT days does not disqualify the employee from receiving their parental leave payments or reduce their leave period.

Limits on Keep-in-touch Hours

There are strict limits on the amount of work that can be performed:

  • Maximum Hours: An employee can work for their employer for a maximum of 64 hours during their unpaid period of parental leave [Source: Parental Leave and Employment Protection Act 1987, s 26AB(1)]. These hours can be worked as whole days, part-days, or any combination [Source: Parental Leave and Employment Protection Act 1987, s 26AB(2)].
  • Restricted Period: Work generally cannot be performed during the first 28 days immediately following the date of a child's birth or the date an adopted child comes into the employee's care [Source: Parental Leave and Employment Protection Act 1987, s 26AC(1), s 26AC(2)]. An exception exists for the birth of a child if the employer and employee agree that the child was born prematurely and the work is performed more than 28 days before the date on which the child was due to be born [Source: Parental Leave and Employment Protection Act 1987, s 26AC(1)(b)].

Impact on Parental Leave Period

Working keep-in-touch days does not alter the overall period of parental leave to which an employee is entitled. The total duration of parental leave, whether primary carer leave or extended leave, remains unaffected by the performance of work on keep-in-touch days [Source: Parental Leave and Employment Protection Act 1987, s 26AE].

Employment Protection

An employee's employment is treated as continuous during the period of their parental leave, including any keep-in-touch days. This continuity ensures that the employee retains their employment rights and entitlements upon their return to work [Source: Parental Leave and Employment Protection Act 1987, s 44(a)].

When to Seek Independent Legal Advice

Individuals seeking to understand their specific rights and obligations regarding keep-in-touch days, or who encounter difficulties in reaching an agreement with their employer, may consider consulting with an employment law professional. Assistance is also available from Employment New Zealand or Community Law Centres for general information and guidance.

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