Return to Work After Maternity Leave: Your Rights, KIT Days and Flexible Working

Returning to work after maternity leave involves more moving parts than most people expect — figuring out KIT days, your notice period, whether to ask for flexible hours, and understanding exactly what your employer is and isn't allowed to do.

Keeping in Touch (KIT) days

You can work up to 10 KIT days during your maternity leave without it ending your leave or your Statutory Maternity Pay. These are optional on both sides — your employer can't force you to work them, and you don't have to accept if asked. Pay for KIT days is whatever you and your employer agree (often your normal daily rate, minus any SMP already due that day) — get the arrangement in writing before you go in.

Your right to return to the same job

• After ordinary maternity leave (first 26 weeks): you're entitled to return to the exact same job, on the same terms.
• After additional maternity leave (weeks 27–52): you're still entitled to the same job unless it's genuinely not reasonably practicable, in which case your employer must offer a suitable alternative role on terms no less favourable.
• Notice to return early: you must give your employer at least 8 weeks' notice if you want to return before your original planned date.

Requesting flexible working

Since April 2024, the right to request flexible working applies to any employee from day one of employment — you no longer need 26 weeks' service first. You can request a change to hours, days or location (including working from home), and you're allowed two requests in any 12-month period. Your employer must respond within two months (including any appeal) and can only refuse for one of eight specific business reasons set out in law — they must explain which one applies.

Practical steps before you go back

• Confirm your return date in writing, especially if you're returning early or extending leave with annual leave tacked on.
• Ask about a phased return — not a legal right, but many employers agree to reduced hours for the first few weeks informally.
• Sort childcare and a backup plan well before your date — see our childcare and baby cost guide for what funded hours and Tax-Free Childcare actually cover.
• Know your pumping/breastfeeding rights — employers must carry out a risk assessment for breastfeeding employees and provide a private, non-toilet space to express milk if requested.