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Keeping in Touch Days

Entitlements

22 May 2025 (Last updated 3 Dec 2025)

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You will employ multiple people in your business. Some of these employees may choose to take parental leave while working with you. For Australian business owners and employers, it is essential to understand the parameters around parental leave. One of these parameters is keeping in touch days and its impact on your business.

Keeping in touch days (KIT) days offer Australian employers and employees much needed flexibility and support during parental leave. In this best practice guide for employers, we offer insights into keeping in touch days, benefits of having them, things employers need to remember, and ways Peninsula can help you. Please note that the information is general and is not intended to replace any advice. If you need help with keeping in touch days or parental leave, consult a professional.

What are keeping in touch days?

Keeping in touch (KIT) days are days when employees on unpaid parental leave performs the work for the employer on a day or part of the day. They are a provision under Australian employment law.

Benefits of keeping in touch days

Keeping in touch days give your employees on unpaid parental leave the chance to go back to work for a few days without losing their unpaid parental leave entitlement.

Keeping in touch days are a great way for employees to stay connected with the workplace. Whether it be to catch up with co-workers and employers, learn about new developments in the company, be given promotion opportunities, attend training sessions to learn new skills or keep skills current.

Most importantly, these days make it easier for employees on parental leave to transition back into the workforce, especially after being away from a standard work routine for so long.

Benefits for employers

Employers also experience advantages when they utilise keeping in touch days. Having KIT days means that your employees can ease back into their job and even get some training if needed as a refresher. This allows them to have updated knowledge of any new processes or systems in the workplace.

By offering KIT days you display trust to your employees, make them feel valued and even increase your chances of retaining talent.

Eligibility criteria for keeping in touch days

An employee on unpaid parental leave gets 10 keeping in touch days. If the employee extends their period of unpaid parental leave beyond 12 months, they can take an additional 10 days.

It is important to remember there are limits on when an employee can take a keeping in touch day and what kind of work they can do during a keeping in touch day.

Keeping in touch days need to be taken with mutual agreement.

Using keeping in touch days

Under the Fair Work Act and the Paid Parental Leave Act an employee on unpaid parental leave has access to 10 keeping in touch days. If an employee wishes to extend their maternity leave beyond 52 weeks, they gain access to 10 additional keeping in touch days.

There are a number of ways an employee can use these days. They can go to work for a couple of hours (this still counts as 1 of the 10 available days), for a whole day, for a few days at a time, or use all 10 days in a row.

An employee can only start using their keeping in touch days at least 42 days after the birth or adoption of a child. If agreed upon by you and the employee, they can start keeping in touch with the workplace at least 14 days after the birth or adoption.

No matter how an employee uses their keeping in touch days, it will have no effect on their parental leave entitlements. If fact, an employee does not even have to use their keeping in touch days at all.

Accepted work activities for keeping in touch days

Working while on paid parental leave is not allowed under The Department of Human Services guidelines. For this reason, the department has strict guidelines on the kind of activities an employee can do on keeping in touch days.

Below are accepted activities:

  • Participate in a planning day.
  • Attend a conference.
  • Receive on the job training.

An employee may also be allowed to perform some basic paid work. But only if the purpose is to refresh their skills, learn a new procedure or process, transition back into the workplace, or attend a meeting in respect of the future of their role.

Keep in mind an employee on unpaid parental leave is allowed to participate in unpaid workplace activities. For example, to attend a work-related social event, or access work emails during a casual social visit to the workplace.

Work activities not considered a keeping in touch day

If an employee does paid work for any reason other than to assist their transition back into work, Human Services will consider the employee to be back at work and cease their paid Parental Leave payments. This also applies to doing paid work unrelated to their transition back for only a part day and filling in for an absent employee.

An employee will also have returned to work if they:

  • Resume regular work activities, other than keeping in touch days.
  • Access more than 10 keeping in touch days before the end of their Paid Parental Leave period.
  • Access a keeping in touch day within the first 2 weeks after the birth of their child.

In addition, it is unacceptable for an employee to work for another employer while on unpaid parental leave. If caught doing this, the employee will be seen as back at work and their Paid Parental leave payments would stop.

Keeping in touch days when you are self-employed

Keeping in touch days are not for employees who are self employed.

Self-employed workers are allowed to monitor their business while they receive Paid Parental leave benefits without being considered back at work.

Paid work is allowed if it is to oversee the business, or performing occasional administrative tasks or other ad hoc activities to keep your business going, including paying an account, checking the delivery of an order, arranging a repair or dealing with a dispute. These are administrative tasks as they don’t create a sale or income. 

Payment for keeping in touch days

When you give an employee permission to use a keeping in touch day, you must pay the employee their normal wage for their time at work.

For example, if an employee has a keeping in touch day and does four hours of work, you must pay that employee four hours’ worth of their hourly wage. If an employee come to work for a whole day, then you would pay that employee the same daily wage you would if they were considered to be returning to work.

Under the National Employment Standards (NES) a keeping in touch day does not affect an employee’s entitlement to unpaid parental leave.

Support your employees with Peninsula

Being a business owner in Australia means you have an active responsibility to look after the physical and mental wellbeing of your employees. You need to support them and offer benefits that ensure retention of talent and boost productivity. By offering keeping in touch days, you create a safe and happy workplace. Your employees also know you understand the perks of employment go beyond salaries and free snacks. It's about creating a workplace that engages employees in the long-term.

We understand you may not have the time to handle all your employment relations duties. This is why we created tailored support that provides specific policies and procedures for your business. Our specialists work behind the scenes, creating systems and processes that grow your business and secure your employees. Peninsula can help you understand keeping in touch days. Call one of our expert team members for free initial advice.

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Entitlements

Employee Entitlements in Transfer of Business

The sale of a business is a complicated process. Business owners (seller/old employer) must perform valuations, align all their paperwork, and draft contracts, among other things. They must think about their employees and whether they will go on to work with the new employer or be terminated altogether. During a sale or restructuring or even takeover, there are complicated situations and processes to undergo. Business owners have to think long term about the implications of a sale or transfer of business. In this guide for employers, we discuss the transfer of business provisions under the Fair Work Act. We also briefly visit the idea of transfer of employment and what it means for employees and employers. Please note that the information provided below is general in nature and does not constitute as legal or financial advice. If you need help regarding transfer of business, consult a professional. 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The associate controls the principal and the operations, resources or affairs of the principal are material to the associate. The associate has a qualifying investment in the principal, has significant influence over the principal and the interest is material to the associate. The principal has a qualifying investment in the associate, has significant influence over the associate and the interest is material to the principal. A third entity controls both the principal and associate and operations, resources or affairs of the principal and the associate are both material to the third entity. Transfer of employment between associate entities Any service with one employer (the first or old employer) will count as service with another employer if certain conditions are met: The second employer is an associate entity of the first employer. The employee becomes employed by the second employer within 3 months of their employment being terminated by the first employer. 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This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

Entitlements

Resignation

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Entitlements

Jury Service

Jury service plays an important role in the Australian judicial system. Juries are used to ensure that legal verdicts are impartial and in line with community standards of behaviour. Serving as a juror is an important role, and one that your employee may be called upon to perform. In this best practice guide for employers, we outline jury service, your obligations as an employer, and key things to remember. Please note that the information provided below is general and is not intended to act as advice. If you need help with jury service or any type of leave, consult an employment relations professional. Jury duty Jury duty or jury service is a type of community service leave in Australia. Employees, including casual employees can take leave to attend jury selection or jury duty. In New South Wales, the names of around 200,000 potential jurors are randomly selected from the NSW Electoral Roll and included on a jury roll. Approximately 150,000 people on the roll are sent a jury summons notice at some point in the year. This notice requires them to come to court, where they may be selected as a juror for a specific trial. Out of these, just 9,000 people a year are selected to serve on jury panels for specific trials. They are then empanelled as jurors. Things employers need to know Employers are obliged to release any employee summoned for jury service. You are required to pay employees for the first 10 days of jury service under the Fair Work Act. Casual employees don’t get paid for jury service, but they may be entitled to payment under state or territory laws. There may also be additional provisions in your industry award. As per the provisions outlined in the Jury Act 1977 and the Jury Amendment Act 2010, you cannot: Force employees to take own leave, such as recreation or sick leave, while doing jury service (this includes the day they go to court for a jury summons). Dismiss, injure or alter the employee’s position for doing jury service. Ask employees to work on any day that they are serving as jurors. Ask employees to do additional hours or work to make up for time that they missed as a result of jury service. An employer who contravenes any of these laws, can be fined $22,000 (corporation) or $5,500 (individual) under Section 69 of the Jury Act 1977. You can also provide staff members with letters giving reasons why it might be difficult for the business if your employee has to attend jury service. The information contained in the letter will be taken into consideration by the Office of the Sheriff, and your employee may be excused on that occasion for a short period of time. If the employee is excused from jury service, they may be called up again in a few weeks or months. It is important that you provide this information to your employee prior to them attending on their summons date, as they cannot be excused once selected. Payment for jury service The National Employment Standards (NES) say you have to give your employees time off for jury service. Jury service is the only form of community service leave that is paid. When employees take leave for jury service, they receive jury service pay from the government and employers then top this up to their usual pay for up to 10 days. Topping up is only for permanent employees only. Below is an example of how it works: Your permanent employee earns a usual weekly base rate of, say, $700. The government pays, say, $250 per week for jury service. You top up their pay by $450. You can ask your employee for evidence they have taken steps to get the full amount of jury service pay and evidence of how much pay they received in the first two weeks. You do not have to pay community service leave for employees who are still doing jury service after 10 days. The allowance paid to jurors is not intended to be a substitute for a salary or wage. If a state law provides for paid community service leave that is more generous than the NES, then the generous amount applies. Things employees need to know If an employee receives a jury summons, they should discuss it with the company’s HR person or supervisor. If there are any policies around jury service, they can ask their supervisor or manager to share it with them. You can also request confirmation for payment of jury service. We have worked with thousands of businesses in Australia on matters of employment relations and workplace health and safety. Our services are tailored for your needs and your industry. From hiring, onboarding, performance management to dismissal, termination, and resignation, we are with you at every step of the employee lifecycle. Peninsula can advise you on handling jury service. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

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