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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Kansas law doesn’t require private employers to pay employees on jury duty.
Leave for domestic violence/sexual assault
Employers may not discriminate or retaliate against employees who are victims of domestic violence or sexual assault and take leave for certain activities. This means that such employees cannot be terminated for taking up to eight days off per calendar year for certain reasons. These reasons include the following:
- Obtaining or trying to obtain relief including temporary restraining orders or other injunctive relief;
- Seeking medical attention for injuries caused by the violence or assault;
- Obtaining related services from a shelter, program, or crisis center; or
- Making related court appearances.
Employees are to give reasonable notice of the intention to take time off.
Within 48 hours after returning from the time off, employees are to provide documentation, which may include a related police report, court order, or documentation from a medical professional, related advocate, or counselor.
Employees may use any accrued paid leave. If no accrued paid leave is available, the leave is unpaid.
Paid time off (PTO)
Kansas law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
Pregnancy disability
Childbearing must be considered by the employer to be a justification for a leave of absence for female employees for a reasonable period of time. Following childbearing, and upon signifying her intent to return within a reasonable time, such female employee must be reinstated to her original job or to a position of like status and pay without loss of service, credits, seniority or other benefits.
Sick leave
Employee eligibility
To be eligible for leave benefits, an employee must be a permanent state employee. Unlike the FMLA, an employee does not need to work a specified number of months or hours to be eligible for leave under Kansas’ provisions.
Leave entitlement
Leave is available only to the extent of an eligible employee’s accrued sick leave. The maximum sick leave credit an employee may accrue in any payroll period is 3.7 hours. Sick leave earned by an employee during a pay period must be available for use on the first day of the following pay period.
Type of leave
An eligible employee may take sick leave for:
- Illness or disability of the employee, including pregnancy, childbirth, miscarriage, abortion, and personal appointments with a physician, dentist, or other recognized health practitioner;
- Illness or disability of a family member, including pregnancy, childbirth, miscarriage, and abortion, and a family member’s personal appointments with a physician, dentist, or other recognized health practitioner, when the illness, disability, or appointment reasonably requires the employee to be absent from work;
- Legal quarantine of the employee; or
- The adoption of a child by an employee or initial placement of a foster child in the home of an employee, when the adoption or placement reasonably requires the employee to be absent from work.
Kansas defines a “family member” as:
- Any person related to the employee by blood, marriage, or adoption; and
- Any minor residing in the employee’s residence as a result of court proceedings.
Maintenance of health benefits
There is no state provision which requires an employer to maintain coverage under any group health plan while the employee is on leave. However, the FMLA requires that covered employers continue to provide group health insurance.
Job restoration
Unlike the FMLA, Kansas does not provide job restoration rights to eligible employees.
Notice
Unlike the FMLA, Kansas does not mandate any notice requirements.
Volunteer emergency workers
No employer may discharge any employee by reason of the fact that the employee performs duties as a volunteer firefighter, volunteer certified emergency medical services attendant, volunteer reserve law enforcement officer, or volunteer part-time law enforcement officer. This does not apply to an employer when the employee is employed by the employer as a full-time firefighter or law enforcement officer.
Voting
Kansas law allows employees up to two hours off to vote. Deductions of pay are not allowed. Employer may specify the time off, except during the employee’s lunch period. This time off for voting doesn’t apply if there are two consecutive nonworking hours between the time of opening and the time of closing of the polls.
Federal
Contacts
None.
Regulations
None.