Working for another employer during the SMP period
If you work for another employer during the SMP period but before the baby is born, your employer should continue to pay you SMP.
If you work for another employer during the SMP period but after the baby is born, this can affect your SMP. It is your responsibility to inform your employer that you are also working for another employer.
Your SMP will stop if, after your baby is born, you work for an employer who did not employ you at the 15th week before the EWC. The same rules apply to agency work. If you start working for an agency as a second employer after the 15th week before the EWC, your main employer will stop paying you SMP.
If you do any work in a self-employed capacity during your SMP, then such work will not affect your SMP. You must check your local maternity policy before working on the NHS bank during paid maternity leave, as most NHS employers do not allow this.
Working during unpaid maternity leave
You may be allowed to work for another employer during unpaid maternity leave but you must check your contract and local policies before doing so.
Some employers may allow you to work bank shifts when you are on unpaid maternity leave, but there may be a restriction on the number of bank shifts you may work.
You must ensure that working on this basis does not enable your employer to consider that you have ‘returned to work’; this would end your maternity leave and affect payments that you may be receiving.
Keeping in touch (KIT) days
With the agreement of your employer, you may work up to 10 days during your maternity leave period. These are known as keeping in touch days. It is recommended to confirm arrangements for pay for KIT days prior to actually working. KIT days may be used for any activity which would ordinarily be classed as work for which you would be paid under your contract.
You may find that KIT days help you to feel up-to-date and to ease you back into work before your actual return date. For example, you may be allowed to attend a conference, undertake a training activity or attend a team meeting.
This work should be agreed by the employer and the employee. The amount that you will be paid for a KIT day is to be agreed with your employer and should be set out before you undertake the work.
You should consult your local policy to see if there is provision for this. You may decline an opportunity to work a KIT day without suffering any consequences as a result. It is unlawful for you to suffer detriment for not agreeing to work KIT days or for working or considering working these days.
Please note: if you have opted to share parental leave and pay with your partner, you will be entitled to SPLIT days.