Kansas Leave Laws


Vacation Leave

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).

An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment. 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).

An employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year. 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).

An employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it. 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).

An employer is not required to pay accrued vacation leave upon separation from employment if the employer’s established policy or employment contract is silent on the matter. 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).

An employer may cap the amount of vacation leave an employee may accrue over time. 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).

An employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it. See Mid American Aerospace, Inc. v. Dept. of Human Resources, 10 Kan. App. 2d 144, 694 P.2d 1321 (1985).


Sick Leave

Kansas law does not require employers to provide employees with sick leave benefits, either paid or unpaid. KS Dept. of Labor Workplace Laws FAQs. An employer in Kansas may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.


Holiday Leave

Kansas law does not require private employers to provide employees with either paid or unpaid holiday leave. KS Dept. of Labor Workplace Laws FAQs In Kansas, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws.

If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

State holidays

Visit our Kansas State Holidays page for a list of holidays recognized and observed by the state of Kansas as well as information regarding state laws governing holiday leave for public employers and employees.


Jury Duty Leave

An employer is not required to pay an employee for responding to a jury summons or serving on a jury.

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. KS Statute 43-173; KS Dept. of Labor Workplace Laws FAQs


Voting Leave

Kansas law allows any registered voter to leave work for a period of up to two (2) hours to vote. If the polls are open before or after the work shift, however, the voter may only take such time off that, when added to the amount of time before or after work that the polls are open, it does not exceed two (2) hours. KS Statute 25-418


Bereavement Leave

Kansas law does not require employers to provide employees bereavement leave or leave to attend funerals. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employers may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice they maintain.


Family and Medical Leave

Kansas does not have any laws requiring employers to provide employees with family and medical leave. However, the state offers unpaid leave through the federal Family Medical Leave Act (FMLA). Under these conditions, employees can receive time off as long as they and their place of employment meet specific criteria.

Employees working for employers with 50+ employees for a minimum of 20 weeks per year will receive FMLA benefits. As an employee, you’ll be eligible for this time off if you meet the following criteria:

  • Have worked a minimum of 1250 hours for the employer the previous year
  • Have been employed by their company for a minimum of 12 months
  • Have worked at a location with a minimum of 50 employees within 75 miles

There are multiple reasons why employees may consider taking family medical leave, including:

  • Caring for a family member with a severe ailment
  • Recuperating from a serious ailment
  • Bonding with a new child
  • Dealing with extenuating circumstances revolving around a family’s health (bereavement leave Kansas)
  • Caring for a military family member who was injured during active duty

Under the current benefits of the federal Family Medical Leave Act, employees receive the following benefits:

  • 12 weeks of leave within 12 months (renews every 12 months if employees meet criteria)
  • 26 weeks of leave within 12 months if the break is to care for an injured military family member

When returning from family or medical leave, an employer must offer employees the same (or equivalent) employment position pre-leave. Additionally, employees are entitled to their current health insurance while on leave.


Parental Leave

Kansas labor laws do not require employers to provide employees with either paid or unpaid parental leave. However, employers in Kansas can provide individual policies and agreements about parental leave. If an employer has decided on such policies, they must be adhered to as per the guidelines discussed in employment contracts.

Under federal laws, parents may take unpaid leave for parenting, pregnancy, or childbirth. Additionally, you are protected by the federal Pregnancy Discrimination Act while working while pregnant or returning after pregnancy. When using the FMLA for parental leave, you’ll receive the same benefits as ill or caregiving employees.


Military Leave

Military members in Kansas are entitled to the same benefits that the Uniformed Services Employment and Reemployment Rights Act (USERRA) offers, including:

  • Employees have the right to continue group healthcare benefits for 24 months of their leave
  • Upon return, employees must be reinstated to the exact (or equivalent) previously held position
  • Employees must receive up to five years of unpaid leave for military service (with exceptions)

In addition to the USERRA guidelines, Kansas has state requirements for military leave:

  • Any employee required for active duty will be entitled to unlimited leave.
  • Upon return to their employment, employers must offer the same or a comparable employment position.

However, employers do not have to reinstate employees if the reinstatement is considered unreasonable or impossible.

Members of the Kansas National Guard are also entitled to additional benefits, including:

  • Five to ten days of unpaid leave every 12 months for annual muster and camp of instruction
  • Employers that refuse to allow employees time off for this purpose are at risk of receiving a misdemeanor

Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

We hope you find our newsletters help you better navigate employment and labor law issues.

Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

We hope you find our newsletters help you better navigate employment and labor law issues.