Kansas Leave Laws
In Kansas, employers are not required to provide employees with vacation benefits, either paid or unpaid. KS Dept. of Labor Workplace Laws FAQs. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. See Sweet v. Stormont Vail Regional Medical Center, 231 Kan. 604, 647 P.2d 1274 (Kan. Sup. Ct. 1982); Mid American Aerospace, Inc. v. Dept. of Human Resources, 10 Kan. App. 2d 144, 694 P.2d 1321 (1985).
The rollover policy
- Statutory Provisions Addressing Vacation Pay
No state law requires the provision of vacation (Sweet v. Stormont Vail Reg’l Med. Ctr., 647 P.2d 1274 (Kan. 1982)).
A vacation policy or practice must be provided in writing or posted if requested by an employee (Kan. Stat. Ann. § 44-320(c)).
- Use-It-or-Lose-It Policy
Not prohibited (Kansas Department of Labor: Workplace Laws and Requirements: Fringe Benefits).
- Payment of Accrued Vacation on Termination
Employers may restrict vacation policies by, for example, providing that:
- Employees only earn vacation on reaching their anniversary date.
- Employees who separate before their anniversary date are not entitled to a pro-rata payment.
(Kansas Department of Labor: Workplace Laws and Requirements: Fringe Benefits.)
Employers must provide vacation pay according to their policy or practice (Dillard Dep’t Stores, Inc. v. Kan. Dep’t of Human Res., 13 P.3d 358 (Kan. Ct. App. 2000)).
No federal or state law in Kansas requires employers to pay out an employee’s accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Kansas has the following laws regarding Maternity and Paternity Leave:
The Kansas Act Against Discrimination (KAAD) requires employers with four or more employees to provide employees with reasonable leave due to temporary disability related to pregnancy and childbirth. The Act provides protection from sex and pregnancy based discrimination. Under the Kansas Act Against Discrimination, pregnancy-related disabilities such as miscarriage, abortion or childbirth are to be treated the same as any other temporary disability. Employees must be reinstated.
Employees are allowed to use their accrued vacation, sick or PTO days in order to get paid during the leave.
Kansas adopted a new law regarding paid parental leave that applies to public employees.
Jury Duty Leave
Employers are required to provide employees with unpaid, job-protected leave to perform their jury duty. Employees are entitled to keep the same position, seniority, and other benefits after the jury service.
An employer may not discharge, penalize, threaten, or otherwise coerce an employee who receives and/or responds to a jury summons or who serves on a jury. Kansas State. 43-173; KS DOL FAQs
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Employers are required to provide up to two consecutive hours of paid leave. The employer is allowed to specify the time an employee may be absent.
In addition to reinstatement rights, protection from discrimination, unlimited leave provided for active duty and benefits provided under the USERRA,
- Employees must provide unpaid leave to members of Kansas National Guard to attend drills or annual muster or perform active service. Employees are also entitled to unpaid leave up to 10 days to attend Kansas National Guard training camp.
- In addition to military duty leave, employees are provided with 3 more days of leave after release from duty, recovery from disease or injury resulting from military duty.
Leave for military duty is without pay. However, members of the state National Guard are entitled to reimbursement of the cost of privately purchased or employer-provided health insurance if the insurance policy was in force before the employee was ordered to perform active state service. Reimbursement by the state is only available during any period or consecutive periods of state active duty in excess of 30 days (KS Stat. Sec. 48-225).