Working During Maternity Leave: Rules and Considerations

Quick answer

• You can often work part-time or on a “keeping in touch” day basis during maternity leave, but rules vary by employer and state.
• Be aware of potential impacts on your maternity pay and benefits.
• Understand your legal rights regarding returning to work after leave.
• Communicate clearly with your employer about your intentions and any work you undertake.
• Familiarize yourself with your company’s specific maternity leave policy.
• Consider how working might affect your recovery and bonding time.

Who this is for

• New or expecting parents who are considering working some hours during their maternity leave.
• Employees who want to understand their rights and options regarding employment during leave.
• Individuals trying to balance financial needs or career continuity with maternity leave.

What to check first (before you act)

Your Goal and Timeline

What do you hope to achieve by working during maternity leave? Is it for financial necessity, to stay connected to your job, or for another reason? Having a clear goal will help you evaluate if working is the right choice and what kind of work arrangement makes sense. Your timeline for returning to work full-time will also influence your decisions.

Current Cash Flow

Assess your current financial situation. How much income will you receive during maternity leave from disability benefits, state programs, or employer-provided pay? Will this be sufficient for your household expenses? Understanding your cash flow will determine if earning additional income during leave is a necessity or a preference.

Emergency Fund or Safety Buffer

Do you have a robust emergency fund in place? A healthy emergency fund can provide a financial cushion, reducing the pressure to work during a time that should be focused on recovery and bonding. If your savings are low, you might feel more compelled to work.

Debt and Interest Rates

Review any outstanding debts. High-interest debt, such as credit card balances, can be a significant drain on your finances. If you are considering working to pay down debt, compare the interest rate on the debt to any potential earnings and the cost of childcare if you need it to work.

Credit Impact

Understand how working during leave might affect your credit. For example, if you are taking on new work that requires a credit check or if changes to your income reporting could indirectly impact your credit utilization ratio, it’s worth considering. Generally, earning income and managing finances responsibly will positively impact your credit over time.

Working During Maternity Leave: A Simple Workflow

Step 1: Review Your Company’s Maternity Leave Policy

What to do: Locate and carefully read your employer’s official policy on maternity leave. Pay close attention to sections regarding working during leave, “keeping in touch” days, and any stipulations about pay or benefits.
What “good” looks like: You have a clear understanding of your company’s specific rules and limitations.
Common mistake and how to avoid it: Assuming your company’s policy aligns with general legal guidelines without checking. Avoid this by always consulting the official document.

Step 2: Understand Legal Rights and Benefits

What to do: Research federal and state laws regarding maternity leave and your right to return to work. Familiarize yourself with any state-specific paid family leave programs or disability benefits.
What “good” looks like: You know your baseline legal protections and what benefits you are entitled to, regardless of your employer’s policy.
Common mistake and how to avoid it: Relying solely on your employer’s interpretation of the law. Avoid this by cross-referencing with official government resources (e.g., Department of Labor, state labor department websites).

Step 3: Assess Your Financial Needs

What to do: Create a detailed budget for your maternity leave period. Calculate your expected income from all sources (employer pay, state benefits, partner’s income) and your essential expenses.
What “good” looks like: You have a clear picture of your financial situation and whether you need to supplement your income.
Common mistake and how to avoid it: Underestimating expenses or overestimating income. Avoid this by being realistic and including a buffer for unexpected costs.

Step 4: Define Your “Why” for Working

What to do: Clearly articulate your reasons for wanting to work during leave. Is it financial, professional, or personal?
What “good” looks like: You have a defined purpose that helps guide your decision-making process.
Common mistake and how to avoid it: Deciding to work without a clear reason, which can lead to taking on unnecessary stress. Avoid this by journaling or discussing your motivations with a partner or trusted advisor.

Step 5: Explore “Keeping in Touch” (KIT) Days

What to do: If your policy allows, investigate the specifics of “keeping in touch” days. Understand how many days are permitted, how they are paid, and how they might affect your maternity pay.
What “good” looks like: You know the exact terms and conditions for working these specific days.
Common mistake and how to avoid it: Exceeding the allowed number of KIT days, which could jeopardize your maternity leave status. Avoid this by meticulously tracking any days worked.

Step 6: Consider Part-Time or Flexible Arrangements

What to do: Discuss with your employer if a flexible or part-time work arrangement is possible during your leave. This could involve remote work or reduced hours.
What “good” looks like: A mutually agreeable arrangement that meets your needs and your employer’s requirements.
Common mistake and how to avoid it: Assuming your employer will automatically offer flexibility. Avoid this by proactively initiating a conversation with a well-thought-out proposal.

Step 7: Evaluate the Impact on Benefits and Pay

What to do: Understand how any work performed might affect your statutory maternity pay, employer-provided benefits, or any other entitlements.
What “good” looks like: You are fully aware of any potential reductions or changes to your benefits.
Common mistake and how to avoid it: Not realizing that working can reduce your maternity pay. Avoid this by asking direct questions to your HR department.

Step 8: Plan for Childcare and Logistics

What to do: If you plan to work, arrange for reliable childcare or support systems. Consider the logistics of balancing work with newborn care.
What “good” looks like: You have a practical plan in place to manage your responsibilities.
Common mistake and how to avoid it: Underestimating the demands of caring for a newborn alongside work. Avoid this by consulting with other parents or researching newborn care strategies.

Step 9: Communicate and Document Everything

What to do: Maintain open and clear communication with your employer about your intentions, any work you undertake, and your return-to-work plans. Keep records of all agreements and communications.
What “good” looks like: A transparent relationship with your employer and documented proof of your arrangements.
Common mistake and how to avoid it: Verbal agreements without written confirmation. Avoid this by getting important details in writing.

Step 10: Prioritize Your Recovery and Bonding

What to do: Ensure that any work you do does not compromise your physical recovery or your ability to bond with your baby.
What “good” looks like: You are able to rest, recover, and connect with your new child without undue stress.
Common mistake and how to avoid it: Overcommitting yourself to work, leading to burnout. Avoid this by setting firm boundaries and saying no when necessary.

Common Mistakes (and what happens if you ignore them)

Mistake	What it causes	Fix
Not checking company policy	Violation of company rules, potential loss of benefits or job status.	Always read and understand your employer’s official maternity leave policy.
Exceeding “Keeping in Touch” day limits	Loss of maternity pay, potential reclassification of leave.	Meticulously track the number of KIT days used.
Assuming legal rights cover all situations	Misunderstanding limitations, leading to unexpected financial or employment consequences.	Consult official government resources and HR for clarity on your specific situation.
Working without a clear financial need	Unnecessary stress and exhaustion during a critical recovery period.	Clearly define your financial situation and needs before deciding to work.
Not understanding benefit implications	Unexpected reduction in maternity pay or loss of other benefits.	Ask HR specifically how working will affect your pay and benefits.
Ignoring childcare needs	Inability to work effectively, potential safety risks for the baby.	Secure reliable childcare or support before agreeing to work.
Lack of clear communication with employer	Misunderstandings, potential disputes over leave or pay.	Document all agreements and maintain open communication.
Overlooking personal recovery needs	Prolonged physical recovery, increased risk of postpartum depression or burnout.	Prioritize rest and recovery; set firm boundaries on work commitments.
Not planning for return to work	Difficulty transitioning back into the workforce, potential career stagnation.	Discuss return-to-work expectations and any necessary adjustments with your employer.
Working without a clear purpose	Feeling drained and unfulfilled, questioning the necessity of working.	Define your “why” for working during leave to ensure it aligns with your goals.

Decision rules (simple if/then)

• If your primary goal is financial necessity, then explore part-time work or “keeping in touch” days because this can provide needed income while minimizing disruption.
• If you have a strong emergency fund and minimal financial pressure, then consider taking your full leave without working because prioritizing recovery and bonding is often more beneficial long-term.
• If your employer’s policy explicitly prohibits working during leave, then do not work because violating policy can have serious employment consequences.
• If you are receiving state-mandated paid family leave, then check the specific rules of that program regarding any work you undertake because some programs have strict limitations.
• If you are considering working more than a few “keeping in touch” days, then discuss a formal part-time arrangement with your employer because this provides clarity and structure.
• If your employer offers “keeping in touch” days, then understand how they are paid because they might be paid at your normal rate, a different rate, or affect your statutory maternity pay.
• If you are self-employed or a contractor, then review your contracts and tax obligations carefully because the rules for working during your “leave” may differ significantly.
• If you anticipate needing childcare to work, then factor the cost and logistics of childcare into your decision because it can significantly impact your net earnings.
• If you feel pressured by your employer to work during leave, then consult your employee handbook and labor laws because you may have rights protecting you from undue pressure.
• If your goal is to stay engaged professionally, then explore limited, project-based “keeping in touch” work that aligns with your interests and energy levels because this can be fulfilling without being overwhelming.
• If you are unsure about the impact of working on your benefits, then get clarification in writing from your HR department because assumptions can lead to costly mistakes.

FAQ

Can I work at all while on maternity leave?

Many employers allow for “keeping in touch” days or limited part-time work. However, the specifics depend on your employer’s policy and local laws. It’s crucial to check your company’s guidelines and any relevant state regulations.

Will working during maternity leave affect my pay?

Yes, it often can. Working may reduce your statutory maternity pay or employer-provided maternity allowance. “Keeping in touch” days are typically paid separately, but their impact on your primary maternity pay needs to be clarified.

What are “keeping in touch” days?

These are days you can work during your maternity leave to stay connected with your job. They are usually limited in number and subject to specific rules about pay and how they affect your leave status.

How many “keeping in touch” days can I take?

The number of “keeping in touch” days allowed varies by employer and is often governed by national labor laws. It’s common for policies to allow up to 10 days, but you must confirm this with your employer.

Can I work for a different employer during my maternity leave?

Generally, if you are receiving statutory maternity pay, working for another employer might affect your entitlement. It’s best to consult your HR department and the relevant government agencies to understand the implications.

What if my employer wants me to work more than allowed?

Your employer cannot force you to work during maternity leave beyond what is agreed upon or legally permitted for “keeping in touch” days. If you feel pressured, refer to your company policy and employee rights.

How does working during leave impact my return to work rights?

Working a limited number of “keeping in touch” days typically does not affect your right to return to your job. However, engaging in extensive work for your employer might alter your leave status, so clarity is essential.

What if I’m self-employed and want to work?

If you’re self-employed, you have more flexibility, but you still need to consider how working impacts any disability benefits you might be receiving and your own recovery. Consult with tax professionals about income reporting.

What this page does NOT cover (and where to go next)

• Specific tax implications of working during leave. (Next: Consult a tax professional or research IRS guidelines.)
• Detailed legal advice for complex employment disputes. (Next: Contact an employment lawyer or your state’s labor department.)
• Specific state-by-state paid family leave program details. (Next: Visit your state’s Department of Labor or equivalent agency website.)
• Long-term career planning after maternity leave. (Next: Explore career counseling resources or professional development programs.)
• International maternity leave regulations. (Next: Consult the relevant government agencies in the country of interest.)