Kansas Leave Laws

April 13th 2024

Leave enhances the work-life balance and well-being of the workforce. As a result, this important time off is articulated in US state law, detailing requirements for both employers and employees.

This article outlines the laws surrounding leave in Kansas, exploring the regulations and types of leave available to employees.

Kansas has two types of leave: required and optional, each encompassing specific guidelines and criteria. Certain laws are specific to private sector employees and others relate to those working in the public sector.

This Article Covers

Kansas Required Leave
Kansas Non-Required Leave

Kansas Required Leave

In Kansas, employers must provide employees with certain types of leave. This required leave includes:

1. Family and Medical Leave Act (FMLA)

  • Eligibility: The federal Family and Medical Leave Act (FMLA) applies to all public agencies, all public and private schools (both elementary and secondary), and companies with 50 or more employees. To qualify for the provisions given under FMLA, the employee must have been working for the employer for at least a year and have worked a minimum of 1,250 hours.
  • Duration: Up to 12 weeks of unpaid leave within a 12-month period.
  • Circumstance for Utilizing Leave: Typically used for various family-related reasons, such as the birth of a child, adoption or foster care, or in situations where the employee or someone in their immediate family has a serious health condition.

2. Military Leave (Public Employers)

  • Eligibility: All state employees, both regular and temporary workers, are entitled to paid leave.
  • Duration: Maximum of 30 days of paid military leave during the 12-month period from October 1st to September 30th.
  • Circumstance for Utilizing Leave: This leave can be used for military-related purposes such as active or inactive duty, full-time National Guard duty, weekend drills, or any other kind of military duty.

3. Domestic Violence or Sexual Assault Leave

  • Eligibility: Any employee who has experienced domestic violence or sexual assault is entitled to this leave. Employees must use their accrued leave, and, if they have none available, they may take unpaid time off.
  • Duration: Up to 8 days off per calendar year.
  • Circumstance for Utilising Leave: Time needed off work as a victim of sexual assault or domestic violence.

4. Donor Leave

  • Eligibility: The Kansas Donor Leave Program enables state employees to take paid leave whilst donating an organ, blood, or bone marrow. This leave cannot be used to take care of family members who may be donors.
  • Duration: The duration of the paid leave depends on the type of donation made. Employees undergoing organ/tissue donation can receive up to 30 days of paid leave, while those donating blood products or bone marrow can receive 3 hours and 7 days of paid leave respectively.
  • Circumstance for Utilizing Leave: For those donating blood, an organ, or bone marrow.
  • Pay: The leave will be paid at the employee’s regular rate.

5. Jury Duty Leave

  • Eligibility: Regular employees in Kansas are entitled to paid leave when called for jury duty or as a witness before the civil service board.
  • Duration: The scheduled and expected duration of the jury service.
  • Circumstance for Utilizing Leave: When summoned by the court to serve as a juror.
  • Pay: Employees are entitled to paid leave. However, paid leave does not apply to those called as witnesses on their behalf.

6. Bereavement Leave

  • Eligibility: All employees who have suffered the loss of an immediate family member or close relative.
  • Duration: Paid time off for up to 6 working days.
  • Circumstances for Utilizing Leave: The loss of an immediate family member or close relative.

7. Disaster Service Leave

  • Eligibility: A state employee who is a certified disaster service volunteer with the American Red Cross.
  • Duration: Up to 20 working days of paid leave in a 12-month period.
  • Circumstances for Utilizing Leave: To complete service with the American Red Cross.
  • Pay: As per the employee’s regular rate of pay.

8. Holiday Leave (Public Employers)

  • Eligibility: Employees in state offices in Kansas
  • Duration: One or multiple days depending on the length of the holiday
  • Circumstances for Utilizing Leave: The occurrence of a legally recognized public holiday

Kansas Non-Required Leave

In Kansas, employees are not entitled to certain types of leave, unless explicitly stated in the agreement between the employer and employee. The following leave options are not legally required:

1. Vacation Time

Although employers in Kansas are not mandated by federal or state law to offer vacation leave, it’s common for them to do so to enhance the work-life balance of their employees.

2. Sick Leave

Employers aren’t legally required to give sick leave benefits, whether it’s paid or unpaid.

3. Holiday Leave (Private Employers)

Employees of private companies may not receive holiday leave benefits or premium pay for working during holidays. This is because employers are not obligated to provide these benefits, and they must be negotiated between the employer and employee.

The following are the official federal holidays observed in the US:

Holiday Date
New Year’s Day 1 January
Martin Luther King Jr. Civil Rights Day Third Monday in January
Washington’s Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day 4 July
Labor Day First Monday in September
Columbus Day Second Monday in October
Election Day Every other year
Veterans Day 11 November
Thanksgiving Day Fourth Thursday in November
Christmas Day 25 December

 If you want to know more about the entitlements of employees in Kansas, you can read our guides on Your rights as a salaried employee in Kansas, and Your rights as an hourly employee in Kansas. You can also learn more about Kansas Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.