Can an employee work from home on his or her keeping-in-touch days?

There is nothing to prevent an employer and employee agreeing that the employee may work from home on any of his or her keeping-in-touch days during maternity, adoption or shared parental leave. Regulation 12A of the Maternity and Parental Leave Regulations 1999 (SI 1999/3312) provides that, for the purposes of work during the maternity leave period, "work means any work done under the contract of employment". The Regulations make no mention of where the work is to be carried out. The position is the same under the legislation relating to adoption leave and shared parental leave. Therefore, the parties can agree that the employee can carry out work from home on one or all of the keeping-in-touch days.