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What happens to my Statutory Adoption Pay entitlement if I work during the time that I am being paid it?
During your adoption leave period you may carry out up to 10 days’ work for your employer (or employers if you have more than one) without losing any adoption pay or leave. These are known as 'Keeping in Touch' (KiT) days and they might include attending a training day or staff meeting or actually doing a full day’s work.
Anything you do on any day will count as though you had worked a full day (even if you only attended work for two hours). However, KiT Days cannot be used to extend your adoption leave period.
Your employer cannot force or demand that you work at any point during your adoption leave period. It has to be an agreement between you and the employer. If you choose to work on a KiT Day, your employer does not have to pay you your normal wages, but your adoption pay is not affected by working a KiT day.
Any extra pay will be a matter for a negotiated agreement but as a minimum, employers must not breach National Minimum Wage or equality laws. A good employer should be expected to pay you your normal wages, less any statutory payment received. In a workplace where a union is recognised, a formal policy on payment is likely to have been negotiated.
Even if you work only part of a day, such as a couple of hours for a team meeting, you should aim for an agreement that you will be paid your normal day’s wages. In any event, make sure whatever you are paid reflects at least the fixed expenses you will incur by coming to work, such as childcare and travel.
Note that a similar arrangement is in place if you decide to share your adoption leave with your partner by opting into the Shared Parental Leave system, this time called 'SPLIT' days. For more information, see workSMART's Shared Parental Leave section.