Keeping in Touch (KIT) Days During Parental Leave in NZ

Parental leave is a big moment for your team member - and for your business too. If you’re a small business owner, you might be wondering how you keep projects moving (and keep knowledge in-house) without putting pressure on someone who’s meant to be properly away from work.

That’s where keeping in touch (KIT) days during parental leave rules can be genuinely helpful. Used properly, KIT days let an employee on parental leave do a limited amount of work by agreement, without ending their parental leave.

In this guide, we’ll walk through what KIT days are in New Zealand, when you can use them, how to pay and document them, and the practical risks to manage so you stay compliant and avoid misunderstandings.

What Are Keeping In Touch (KIT) Days In NZ?

“Keeping in touch” (KIT) days are a mechanism under New Zealand parental leave law (including the Parental Leave and Employment Protection Act 1987) that can allow an employee who is on parental leave to do a small amount of work for you, by mutual agreement, without bringing their parental leave to an end.

In practice, KIT days are often used for:

attending a key meeting that would be difficult to replace (eg, an annual planning day or major client handover);
participating in essential training, compliance updates, or system changes;
helping with a short transition task (eg, “where is X file kept?” or “how do we run Y process?”);
coming in for a couple of hours to keep skills current or stay connected with the workplace.

From a small business perspective, KIT days can help you maintain continuity and reduce risk - as long as you treat them as optional and genuinely agreed, rather than “expected” work while someone is on leave.

Key point: KIT days are not a way to have someone “quietly working from home” while they’re on parental leave. They’re intended to be limited, structured, and agreed.

Because KIT days involve an employee relationship and pay, it’s worth making sure your underlying employment paperwork is solid - including your Employment Contract and any relevant leave clauses or policies.

When Can KIT Days Be Used (And When Should You Avoid Them)?

KIT days aren’t a free-for-all - there are specific guardrails you need to respect.

1) There’s A “No KIT Days” Period At The Start

As a general rule, there is a period at the start of parental leave where KIT days can’t be used. This is designed to protect the employee’s initial recovery and bonding time (for example, immediately after birth).

In New Zealand, for some types of parental leave (including where a person is the primary carer), the law can restrict KIT work during the early part of leave - commonly referenced as the first 28 days after the baby is born (or the child comes into the employee’s care). However, this can depend on the leave type and the employee’s circumstances, so you should avoid treating “28 days” as a universal rule.

If you’re unsure whether your situation falls within a restricted period (or how the rules apply), it’s a good idea to get tailored advice - because the consequences can be messy if parental leave entitlements are inadvertently affected.

2) KIT Days Must Be By Agreement (Not Pressure)

This one is simple in theory, but easy to get wrong in a busy workplace: KIT days should be genuinely voluntary.

For example, “Let us know if you’d like to come in for the team planning session” is very different to “We need you to dial into the planning session”.

A practical way to keep it clean is to:

offer KIT days as an option, not a requirement;
put the details in writing (even a short email is usually better than nothing);
avoid repeated follow-ups that could feel like pressure;
keep a record of what was agreed and what was worked.

3) Avoid “Business As Usual” Work Patterns

KIT days are meant for occasional, limited contact. If the employee starts working regular weekly hours, responding to ongoing client work, or performing core duties, you may be drifting into a situation where:

the employee is not really on leave in practice (even if that’s what the paperwork says);
you create confusion about entitlements and expectations;
you increase the risk of disputes later (“I felt I had to keep working”).

If what you actually need is ongoing part-time work rather than a one-off “keep in touch” task, that’s a different conversation - and you’ll want to document it properly and consider how it interacts with parental leave and pay arrangements.

How Many KIT Hours Are Allowed, And What Counts As “Work”?

In New Zealand, KIT days are usually measured as a maximum number of hours that can be worked during the parental leave period without ending that leave.

You’ll often see the cap described as up to 64 hours in total for certain parental leave situations (for example, where the employee is the primary carer). However, the exact limits and conditions can vary depending on the employee’s circumstances and the type of leave, so you should check how the cap applies before relying on “64 hours” as a hard rule.

That said, from a practical employer standpoint, you should treat “work” broadly. It can include:

attending meetings (in person or via video call);
training sessions you require or request;
doing paid tasks (even if small) such as reviewing documents, responding to clients, or approving invoices;
time spent on work systems (eg, logging in to complete a task for you).

Even if the employee is happy to “just help out for a bit”, you should still be careful. If it’s work, it should be treated as work: agreed in advance, recorded, and paid.

A Note On Government Parental Leave Payments

KIT days can intersect with government parental leave payments. In some cases, working (even limited hours) may affect the employee’s entitlements, reporting obligations, or payment timing.

From your side as the employer, the safest approach is to:

be transparent that KIT work is paid;
encourage the employee to check how KIT work could affect their parental leave payments (for example with the relevant government agency/IRD); and
get advice if you’re planning anything beyond a few discrete, clearly defined tasks.

Note: Sprintlaw can help with employment-law compliance, but this guide isn’t tax or IRD advice.

How Do You Offer And Manage KIT Days Without Creating Risk?

Most disputes around KIT days don’t happen because an employer tried to do the wrong thing - they happen because boundaries weren’t clear, and the “quick favour” turned into something bigger.

Here’s a practical approach that works well for small businesses.

Step 1: Start With A Clear Parental Leave Plan

Before the employee goes on leave, put a simple plan in place covering:

handover details and key contacts;
whether the employee wants to receive workplace updates (and how often);
how you’ll handle any KIT day requests (eg, who will contact them, and via what channel).

This is where a documented Parental Leave Policy can make your process consistent across your team and reduce the risk of “making it up as you go”.

Step 2: Make The KIT Request Specific

When you request a KIT day, keep it narrow and practical:

What you’re asking them to do (eg, “attend the 2-hour client handover meeting”);
When (date, start time, expected duration);
Where (office, online meeting link, training venue);
Pay (confirm it’s paid and how it will be processed);
Optional nature (make it clear it’s their choice).

This helps avoid scope creep and makes payroll straightforward.

Step 3: Confirm It In Writing (And Keep A Record)

You don’t need a 10-page agreement for each KIT day, but you should keep a written record. An email confirmation is usually enough, as long as it captures the essentials.

Also, keep a simple internal tracker of:

date worked;
hours worked;
what the work was;
payment processed;
running total of KIT hours used.

Step 4: Keep Boundaries Around Communication

Many employers accidentally blur the line by continuing to include the employee in “normal” channels, such as:

Slack/Teams messages asking questions;
client emails CC’ing them “just in case”;
regular weekly check-ins framed as “keeping you in the loop”.

If you want to share updates, that can be fine - but don’t turn updates into unpaid work. If you need their input, treat it as a KIT day (or part of one), and pay them accordingly.

Where you’re dealing with sensitive workplace issues or access to systems, it’s also worth checking you have appropriate internal rules in place, such as a Workplace Policy that covers acceptable communications, confidentiality expectations, and use of systems.

Do You Have To Pay For KIT Days (And How Should Payroll Handle It)?

Yes - if the employee is working, they should be paid for that work.

KIT work isn’t “volunteering” and it shouldn’t be handled off the books. If you pay someone cash-in-hand or “just add it later”, you create tax and employment law risk.

What Rate Should You Pay?

In most situations, you would pay the employee their normal rate for the hours worked, consistent with the role they’re performing.

If you’re asking them to attend training or a meeting, that’s still time worked. If they’re doing their ordinary duties, pay should align with their ordinary pay arrangements.

If your employee is salaried, you should still record the hours worked as KIT time and ensure the employee is not effectively being required to work for “free” within a salary arrangement while on leave.

What Should You Include On Payslips And Records?

For clean administration, your payroll notes should clearly identify the KIT work (for example, “KIT hours” as a line item or annotation), and you should keep time and wage records as you would for any other work.

This protects you if there’s ever a question later about how much was worked, whether it was paid, and whether the parental leave period remained intact.

What About Privacy And Handling Personal Information?

Parental leave often involves sensitive personal information (medical details, family circumstances, contact details while away). If you’re storing or sharing information internally, make sure it’s handled in a way that aligns with the Privacy Act 2020.

Many businesses formalise this through documents like a Privacy Policy (particularly if you collect personal information through online systems) and internal guidance for staff access and confidentiality.

Common Risks For Employers (And How To Avoid Them)

KIT days are useful - but like most employment law tools, they’re safest when you use them consistently and with clear documentation.

Risk 1: Turning “Optional” Into “Expected”

If the employee feels pressured to work while on parental leave, you risk grievances, relationship breakdown, and reputational issues.

How to avoid it: ask once, explain it’s optional, accept “no” without pushback, and don’t treat KIT days as a performance expectation.

Risk 2: Unclear Scope (Leading To Scope Creep)

“Can you jump on a quick call?” can turn into “can you also review this proposal?” and then “while you’re here, can you update the client?” Before you know it, the employee is working meaningful hours without a clear plan.

How to avoid it: define the task, define the time, and stick to it.

Risk 3: Payroll And Entitlement Confusion

If KIT hours aren’t tracked and paid correctly, you can create issues around wage compliance and record keeping. This can be particularly stressful if the employee later disputes what occurred (even if you acted in good faith).

How to avoid it: keep a KIT tracker, process pay normally, and keep written confirmations.

Risk 4: Health, Safety, And Wellbeing Oversights

If someone is coming back briefly, even for training or a meeting, you still have health and safety obligations under the Health and Safety at Work Act 2015.

How to avoid it: consider what’s actually required for the KIT day (safe workstation, breaks, travel expectations, workload boundaries), and don’t assume “it’s only a couple of hours” means there’s no risk.

Risk 5: Treating Different Employees Inconsistently

If KIT days are handled informally, you can end up with inconsistent approaches between employees or managers. In some cases, inconsistent treatment can feed discrimination-type complaints or “unfairness” arguments.

How to avoid it: set a baseline approach in policy, apply it consistently, and keep documentation.

If you need to update your suite of employment documents so your processes are clear and consistent, it’s often worth reviewing your Employment Contract and your internal policies together, rather than trying to patch one piece in isolation.

Key Takeaways

Keeping in touch (KIT) days during parental leave can help you maintain continuity during parental leave, but they must be limited, agreed, and properly managed.
KIT days should be voluntary - avoid pressure, repeated follow-ups, or expectations that an employee will keep working while on leave.
As a general rule, avoid KIT days during any initial restricted period that applies (often referenced as the first 28 days after birth or the child coming into care, depending on the circumstances).
Track KIT hours carefully (including dates, hours, tasks) and keep confirmations in writing to prevent scope creep and later disputes.
Pay KIT work properly through payroll, and keep wage/time records as you would for any other work.
Use clear policies and procedures (including a Parental Leave Policy and Workplace Policy) so your approach is consistent and compliant.
If your business needs more than occasional KIT hours, get advice early so you don’t accidentally undermine the parental leave arrangement or create employment law risk.

If you’d like help putting a practical KIT day process in place, updating your policies, or reviewing your parental leave arrangements, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.

Keeping In Touch (KIT) Days During Parental Leave In NZ