Kansas FMLA

State Employers

Family Sick Leave

Kansa' family leave rule only applies to state employees. Each permanent, probationary and conditional employee in the classified service is entitled to sick leave with pay in the following situations:

• Illness or disability of the employee, including pregnancy, childbirth, miscarriage, abortion and recovery.
• Illness or disability of the employee's family members, including pregnancy, childbirth, miscarriage, abortion and recovery, if employee's absence from work is deemed reasonably necessary to care for a family member.
• Employee's or a family member's personal appointments with dentist, physician or health care practitioner, when being absent from work is reasonably necessary.
• Legal quarantine of the employee.
• Childbirth or placement of child for adoption or foster care.

A family member is defined as any persons related to the employee by blood, marriage or adoption and minors living with employee due to certain court proceedings.

Employee may require certification of leave-qualifying condition.

Exhaustion of Paid Leave

If an employee cannot perform his or her duties because of an illness or disability, the state "appointing authority" may require that the employee use sick leave, vacation leave or compensatory credits before using unpaid leave.

Leave Without Pay

A probationary or conditional state employee may take leave without pay for up to 60 calendar days for:

• Illness or disability of the employee, including pregnancy, childbirth, miscarriage, abortion and recovery.
• Initial placement of child for adoption or foster care.
• To care for a family member with a serious health condition.
• Employee's own illness or temporary disability; or
• "Other good and sufficient reason, when the appointing authority deems leave to be in the best interest of the service".

Permanent employees may also take leave for the same reasons as listed above, but the time allowance is different. Permanent employees may take such leave for "a reasonable period of time consistent with the effective fulfillment of the agency's duties," but no longer than one year. Such leave is at the discretion of the appointing authority.

Funeral or Death

Employees in regular position may be granted leave upon the death of a close relative for a maximum of six days. Leave will be determined according to the employee's relationship to the deceased and travel time needed.

Shared Leave

Leave may be donated or shared by employees in a regular position.

• Shared leave may be granted to an employee if the employee or a family member suffers from a "serious, extreme, or life-threatening illness, injury, or impairment" that will cause the employee to take leave without pay or terminate employment.
• An employee must have at least 6 months of continuous service and have exhausted all paid leave options.
• The appointing authority oversees the distribution and eligibility.
• If the health condition is no longer serious, extreme or life threatening, or the employee terminates employment, the employee is no longer eligible for shared leave.

Military Leave

Employees enlisted or drafted into military service will receive unpaid military leave.

• Documentation of a military order of active duty for non-training purpose must be provided to the employer.
• A regular employee on military leave may apply to the employer within 90 days of discharge, if it is honorable or from the hospital, to be restored to their original position or equivalent.
• Military leave is counted as part of employee's length of service, but sick and vacation leave will not be accrued during this time.

For military reserve:

• A maximum of 15 days of leave with pay will be granted to those on active military reserve duty.
• The maximum leave is 15 days within each 12-month calendar period from Oct. 1-Sept. 30.
• Leave without pay is also granted for inactive duty or induction, entrance or examination for entrance into military reserve.
• After release from duty, employees must be reinstated to the same position or the equivalent.

For the Kansas National Guard:

• Members of the state National Guard are granted leave with pay for a call to state emergency duty.
• For active duty, members of the guard will receive unpaid military leave.
• After release from duty, employees must be reinstated to the same position or the equivalent.

All Employers

Domestic Violence or Sexual Assault

Employers within the state are prohibited from discriminated against an employee who is a victim of domestic violence or sexual assault when taking time off for the following:

• To obtain relief through a restraining order or injunctive relief on behalf of the victim or their children.
• To seek medical attention for injuries.
• To obtain services from domestic violence or rape crisis organizations.
• To appear in court.

To be eligible, the above activities must be conducted in the wake of an incident of domestic violence or sexual assault and in direct relation to it.

• Employers must be given advanced reasonable notice when possible.
• Employees must provide documentation supporting the absence within 48 hours of returning from leave.
• A police report, a court order or healthcare provider documentation are acceptable forms of supporting documentation.
• If supporting documentation is not available at the time of request for leave, documentation must be provided within 48 hours of beginning the unscheduled leave.

Employees must use all accrued paid leave, if eligible, for domestic violence or sexual assault leave. If no paid leave is left to use, the employer must grant the employee up to 8 days (per calendar year) of unpaid leave for these purposes.

The employer must maintain confidentiality in the event that an employee requests such leave.