Kansas Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)
⚠️Informational only — not legal or tax advice.
Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Kansas, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Quick Reference — Kansas Paid Leave Snapshot
- Paid Sick Leave in Kansas
- Paid Family & Medical Leave in Kansas
- Maternity, Paternity & Parental Leave in Kansas
- Federal FMLA in Kansas
- Other Protected Leave Categories in Kansas
- 2026 Updates & Recent Legislative Changes in Kansas
- How to File a Leave Complaint in Kansas
- Interstate Considerations for Remote Workers in Kansas
- Frequently Asked Questions
- Sources & Verification Log
Introduction
Kansas does not require private employers to provide paid sick leave under any statewide statute. The state operates no state-funded paid family and medical leave (PFML) program for private-sector workers. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees at covered employers up to 12 weeks of unpaid, job-protected leave per year. Under the Kansas Act Against Discrimination (KAAD, K.S.A. 44-1009 et seq.), covered employers must treat pregnancy-related temporary disabilities at least as generously as other comparable disabilities, which may require leave. State government executive branch employees are covered by a paid parental leave policy established under Executive Order 21-24; that policy does not extend to private-sector workers. This page compiles current requirements from the Kansas Department of Labor and the U.S. Department of Labor, and is maintained as a reference for workers and employers operating under Kansas law. For a broader overview of workplace rights in the state, see Kansas employment law.
Quick Reference — Kansas Paid Leave Snapshot
| Kansas Paid Leave Snapshot | |
|---|---|
| Category | Status |
| Mandatory Paid Sick Leave | No state mandate for private employers |
| Governing Statute (Sick Leave) | None — K.S.A. 44-319 et seq. governs wage payment generally |
| Administering Agency | Kansas Department of Labor — Employment Standards Division |
| Covered Employers (Sick Leave) | No covered employer threshold — no private-sector mandate |
| Accrual Rate | No state requirement for private employers |
| Annual Cap | No state requirement |
| Paid Family & Medical Leave Program | No state PFML for private-sector employees |
| PFML Program Name | N/A — Federal FMLA only for private-sector workers |
| PFML Weekly Benefit (Maximum) | N/A (private sector) |
| PFML Duration | N/A (private sector) |
| KAAD Pregnancy Leave | Yes — K.S.A. 44-1009 et seq.; employers with 4+ employees must provide reasonable leave for pregnancy-related temporary disabilities |
| State Employee Paid Parental Leave | Yes — Executive Order 21-24 (effective 2021); executive branch employees only |
| FMLA Applies | Yes (federal baseline — all states) |
| State Minimum Wage | $7.25/hour (same as federal) |
| Information Current As Of | March 2026 |
Paid Sick Leave in Kansas
Kansas does not mandate paid sick leave for private-sector employers. No statewide statute requires private employers to provide paid or unpaid sick leave beyond the protections available under the federal FMLA. The Kansas Department of Labor confirms: “The law does not require your employer to offer vacation or sick leave. However, many employers provide this as a benefit for their employees.” When an employer voluntarily offers sick leave, the terms set out in that employer’s written policy or employment contract govern the benefit. No Kansas municipality has enacted a local paid sick leave ordinance as of March 2026.
The Kansas Legislature considered SB 216, the Kansas Paid Sick Time Act, during the 2025 session. The bill would have required employers to provide accrued paid sick time beginning January 1, 2026. A motion to withdraw the bill from committee failed by a vote of 9 to 30 on March 27, 2025, and the bill did not advance. Source: Kansas State Legislature — SB 216 (2025–26 session). Kansas workers interested in the current Kansas unemployment benefits framework will find that sick leave and short-term absence protections remain exclusively employer-driven.
Paid Family & Medical Leave in Kansas
Kansas does not operate a state-funded paid family and medical leave program for private-sector workers. No payroll contribution system, state benefit fund, or mandatory employer program exists. Private-sector workers in Kansas who need family or medical leave rely on the federal FMLA (Section 4 below) and any employer-provided benefits.
One state-level protection exists for pregnancy-related leave under the Kansas Act Against Discrimination. Under K.S.A. 44-1009, employers with four or more employees are prohibited from discriminating based on sex, and under Kansas Administrative Regulations (K.A.R. 21-32-6), covered employers must provide a reasonable leave of absence for female employees during pregnancy or childbirth and treat pregnancy-related conditions as temporary disabilities for all job-related purposes. This is an anti-discrimination requirement, not a standalone paid leave mandate — whether the leave is paid depends on how the employer treats comparable temporary disabilities. Source: K.S.A. 44-1009; Kansas Office of Revisor of Statutes — KAAD.
For state government executive branch employees, Governor Kelly issued Executive Order 21-24 in July 2021, providing eight weeks of paid parental leave for primary caregivers and four weeks for secondary caregivers following the birth, adoption, or foster placement of a child, at 100% of regular salary. Paid parental leave under E.O. 21-24 runs concurrently with applicable FMLA leave. This policy applies to executive branch state employees only and does not extend to private-sector workers. Source: Kansas Department of Administration — Bulletin 21-01; Kansas Secretary of State — E.O. 21-24.
Maternity, Paternity & Parental Leave in Kansas
How Long Is Maternity Leave in Kansas?
Maternity leave duration in Kansas depends on which laws apply. For private-sector employees at covered employers, federal FMLA provides the primary protection: up to 12 weeks of unpaid, job-protected leave at employers with 50 or more employees within 75 miles. Under the KAAD (K.S.A. 44-1009) and its implementing regulations, covered employers with four or more employees must provide a reasonable leave of absence for pregnancy and childbirth and treat pregnancy-related conditions as temporary disabilities — meaning leave terms must be at least as favorable as those provided for other comparable temporary disabilities. These are minimum anti-discrimination floors; they do not establish a specific paid leave duration. Employees not covered by either framework have no statutory minimum maternity leave entitlement beyond any voluntarily offered employer policy. For a state with a comprehensive paid leave program by contrast, the Colorado paid leave page documents wage replacement rates and program structure.
Is Maternity Leave Paid in Kansas?
Kansas has no state-mandated paid maternity leave program for private-sector employees. FMLA leave is unpaid. Under the KAAD framework, if an employer provides paid leave for comparable temporary disabilities, the same paid treatment must be extended to pregnancy-related conditions — but if the employer provides no paid disability leave at all, no paid maternity leave is required. State executive branch employees are covered by Executive Order 21-24, which provides eight weeks of paid parental leave at full salary for primary caregivers. Private-sector employees may access paid time through employer-provided PTO, short-term disability insurance covering pregnancy and recovery, or any voluntary paid parental leave policy the employer has adopted.
Paternity Leave and Parental Leave in Kansas
Paternity leave rights for private-sector workers in Kansas derive from the federal FMLA. Eligible employees at covered employers may take up to 12 weeks of unpaid bonding leave following the birth, adoption, or foster placement of a child within the first year of the event, available equally to all parents regardless of gender. Under Executive Order 21-24, state executive branch employees who are secondary caregivers receive four weeks of paid parental leave. Kansas has no prenatal leave mandate for private-sector employees. The Kansas Legislature also considered SB 153 in 2025, which would have established a Kansas Paid Prenatal Personal Leave Act requiring 20 hours of paid prenatal leave annually; that bill did not advance to enactment. Source: Kansas State Legislature — SB 153 (2025).
Federal FMLA in Kansas
FMLA is the primary — and for most private-sector workers in Kansas, the exclusive — family and medical leave protection. Because Kansas has no state PFML program and no mandatory paid sick leave for private employers, the federal FMLA framework governs the most significant leave rights available to the state’s private workforce. The Kansas Department of Administration’s FMLA page administers FMLA for state employees; private-sector FMLA matters are handled by the U.S. Department of Labor. Understanding Kansas FMLA is essential context for any review of Kansas employment law more broadly.
FMLA Coverage and Eligibility
The Family and Medical Leave Act (29 U.S.C. § 2601 et seq.) applies to private employers with 50 or more employees within a 75-mile radius of the employee’s worksite, as well as all public agencies and public and private elementary and secondary schools. The U.S. Department of Labor Wage and Hour Division administers and enforces the Act. The Kansas Department of Labor Employment Standards Division refers FMLA inquiries to the U.S. DOL Wage and Hour Division at (913) 551-5721.
To qualify, an employee must have worked for the covered employer for at least 12 months, completed at least 1,250 hours of service during the 12-month period immediately preceding the start of leave, and work at a location where the employer has 50 or more employees within 75 miles. Eligible employees receive up to 12 workweeks of FMLA leave in any 12-month period (26 weeks for military caregiver leave), with group health insurance continuation on the same terms as if they had remained working. Upon return, employees are entitled to reinstatement to the same or an equivalent position.
Qualifying Reasons Under Kansas FMLA
FMLA leave in Kansas is available for the following reasons per U.S. DOL:
- The birth of a child and care for the newborn within the first year of birth
- Placement of a child for adoption or foster care and care for the newly placed child within the first year of placement
- The employee’s own serious health condition that renders the employee unable to perform essential job functions
- Care for a spouse, child, or parent with a serious health condition
- Qualifying exigency arising from a family member’s covered active duty or call to covered active duty in the U.S. Armed Forces
- Care for a covered servicemember with a serious injury or illness (up to 26 weeks)
A “serious health condition” involves inpatient care or continuing treatment by a health care provider. Minor illnesses not requiring such treatment do not qualify.
Is FMLA Paid or Unpaid?
Kansas FMLA leave is unpaid. Federal law guarantees job protection and continuation of health benefits but does not require wage replacement. Kansas operates no state-funded paid leave program that runs concurrently with FMLA for private-sector workers. Employees may substitute accrued employer-provided paid leave — such as PTO, vacation, or sick days — during FMLA if the employer’s policy permits or requires it. For a full explanation of FMLA provisions applicable nationwide, see the federal FMLA guide.
Does FMLA Apply to Small Businesses in Kansas?
FMLA applies to private employers with 50 or more employees within a 75-mile radius. Employers with fewer than 50 employees are not covered by federal FMLA. Kansas has no state family leave law extending coverage to smaller private employers. The KAAD pregnancy leave obligation (K.S.A. 44-1009) applies to employers with four or more employees, but it is an anti-discrimination requirement, not an independent leave entitlement comparable to FMLA. Source: U.S. DOL FMLA; K.S.A. 44-1009.
How to Request FMLA Leave in Kansas
FMLA leave is requested through the employer, not through a state agency. The process, established under U.S. DOL regulations at 29 C.F.R. Part 825, requires employees to provide at least 30 days’ advance notice when leave is foreseeable. When unforeseeable, notice must be given as soon as practicable. The employer must respond with a designation notice within five business days. Medical certification from a health care provider may be required. Upon return, employees are entitled to reinstatement to the same or equivalent position. For questions about FMLA at Kansas state agencies, the Kansas Department of Administration provides forms and guidance for state employees. For private-sector inquiries, contact the U.S. DOL Wage and Hour Division Kansas City District Office at (913) 551-5721.
Other Protected Leave Categories in Kansas
Jury Duty Leave: Kansas requires employers to allow employees time off for jury duty but does not require paid leave during service. Employers may not discharge, penalize, or threaten employees who receive and respond to a jury summons or serve on a jury under K.S.A. 43-173. Source: Kansas Dept. of Labor — Workplace Laws FAQs.
Voting Leave: Under K.S.A. 25-418, registered voters may leave work for up to two hours to vote if the polls are not open for at least two hours before or after the employee’s shift. This time is not required to be paid under state law. Employers may specify when during the shift the voting leave occurs.
Bereavement Leave: Kansas has no state mandate requiring private employers to provide bereavement leave. Any such benefit is governed entirely by employer policy.
Military Leave: USERRA (38 U.S.C. § 4301 et seq.) provides reinstatement rights and anti-discrimination protections for employees returning from military service. State employees may also qualify for up to 30 days of paid military leave per year per K.S.A. 48-517. Source: Kansas Dept. of Administration — Benefits.
Volunteer Emergency Responder Leave: Under K.S.A. 44-131, employers may not discharge an employee who performs duties as a volunteer firefighter, volunteer emergency medical service provider, or volunteer reserve or part-time law enforcement officer.
Breastfeeding Breaks: Consistent with the federal FLSA (29 U.S.C. § 207(r)), employers must provide reasonable unpaid break time for employees to express breast milk for the first year after childbirth, and a private, non-restroom space must be provided.
2026 Updates & Recent Legislative Changes in Kansas
What Changed in Kansas Leave Laws in 2025–2026?
SB 216 — Kansas Paid Sick Time Act (introduced January 2025; did not advance): Senate Bill 216, introduced in the 2025–26 Regular Session, would have established the Kansas Paid Sick Time Act, requiring private employers to provide earned paid sick time accruing at one hour per 30 hours worked (capped at 56 hours annually for employers with 15 or more employees; 40 hours for smaller employers), beginning January 1, 2026. The bill would have covered qualifying reasons including personal or family medical care, public health emergencies, and domestic violence. A motion to withdraw the bill from committee was voted down 9 to 30 on March 27, 2025, and the bill did not advance to a floor vote. Source: Kansas State Legislature — SB 216.
SB 153 — Kansas Paid Prenatal Personal Leave Act (introduced January 2025; did not advance): Senate Bill 153, introduced in the 2025–26 Regular Session, would have required employers to provide 20 hours of paid prenatal personal leave annually for healthcare services related to pregnancy. The bill did not advance to enactment. Source: Kansas State Legislature — SB 153.
Pending Legislation
As of March 2026, no legislation establishing mandatory paid sick leave for private employers or a mandatory state PFML program for private-sector employees has been enacted in Kansas. Current bill tracking is available through the Kansas State Legislature.
How to File a Leave-Related Complaint in Kansas
Filing an FMLA Complaint
FMLA complaints against covered employers are filed with the U.S. Department of Labor Wage and Hour Division. Complaints may be submitted at https://www.dol.gov/agencies/whd/contact/complaints or by contacting the Kansas City District Office at (913) 551-5721. The standard limitation period is two years from the FMLA violation (three years for willful violations).
Filing a Wage Claim in Kansas
For disputes over voluntarily offered sick pay, PTO, or other fringe benefits owed under employer policy, the Kansas Department of Labor Employment Standards Division accepts wage claims. Wage claims may be submitted through the KDOL website. Contact: Employment Standards Division, (785) 296-5000, ext. 1068; email: KDOL.EmploymentStandards@ks.gov. Source: KDOL — Wage Claims.
Filing a Pregnancy or Sex Discrimination Complaint
Discrimination complaints related to pregnancy under the KAAD may be filed with the Kansas Human Rights Commission (KHRC) within six months of the last alleged discriminatory act. The KHRC can be reached at (785) 296-3206 or toll-free at (888) 793-6874, or by email to khrc.intake@ks.gov. Complaints may also be filed with the federal Equal Employment Opportunity Commission (EEOC), Kansas City Area Office, at (913) 340-8810. Source: K.S.A. 44-1005.
Interstate Considerations for Remote Workers
Paid leave laws generally apply based on the state where an employee physically performs work, not where the employer is headquartered. A Kansas-based remote employee of a company headquartered in a state with mandatory paid sick leave or a PFML program generally does not receive those benefits unless the out-of-state law expressly covers remote workers in Kansas. Conversely, Kansas-headquartered companies with remote employees in states such as Colorado — which operates one of the region’s more recently launched PFML programs — may face separate contribution and benefit obligations in those states. Additional guidance on multi-state employment situations is available through Kansas remote work laws. For related wage and hour context, see Kansas overtime laws.
Frequently Asked Questions — Kansas Paid Leave
How does FMLA work in Kansas?
FMLA in Kansas operates under the federal standard: it applies to private employers with 50 or more employees within 75 miles and to all public agencies. Eligible employees — those with at least 12 months of employment and 1,250 hours worked in the prior 12 months — may take up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. The U.S. DOL Wage and Hour Division Kansas City District Office handles private-sector FMLA inquiries at (913) 551-5721. Source: U.S. DOL FMLA.
How long is maternity leave in Kansas?
For private-sector employees, maternity leave in Kansas is up to 12 weeks under federal FMLA at employers with 50 or more employees. Under the KAAD (K.S.A. 44-1009), employers with four or more employees must provide a reasonable leave of absence for pregnancy and childbirth and treat pregnancy-related conditions as temporary disabilities, but no fixed duration is specified beyond what is “reasonable.” State executive branch employees may take eight weeks of paid parental leave under E.O. 21-24. Source: U.S. DOL FMLA; K.S.A. 44-1009.
Is maternity leave paid or unpaid in Kansas?
Maternity leave in Kansas is unpaid under federal FMLA. Under the KAAD, whether leave is paid depends on how the employer treats comparable temporary disabilities — if the employer provides paid disability leave for other conditions, the same treatment must extend to pregnancy. No state-funded wage replacement program exists for private-sector workers. State executive branch employees receive eight weeks at 100% salary under E.O. 21-24. Source: Kansas Dept. of Administration — Bulletin 21-01.
Who is eligible for FMLA in Kansas?
FMLA eligibility requires: (1) the employer has 50 or more employees within a 75-mile radius; (2) the employee has worked for that employer for at least 12 months; and (3) the employee has worked at least 1,250 hours in the 12 months before the start of leave. All three criteria must be met. Source: U.S. DOL FMLA.
Is FMLA leave paid in Kansas?
FMLA leave is unpaid. Federal law does not require wage replacement during FMLA. Kansas operates no state-funded paid leave program for private-sector employees. Employees may substitute accrued employer-provided paid leave — PTO, vacation, or sick days — during FMLA if the employer’s policy permits or requires it. Source: U.S. DOL FMLA.
Does Kansas have paid sick leave?
Kansas does not have a paid sick leave requirement for private employers. No statewide statute mandates that private employers provide paid or unpaid sick leave. The Kansas Legislature declined to advance a paid sick time bill (SB 216) in 2025. Source: Kansas Dept. of Labor — Workplace Laws FAQs.
Does Kansas have paid family leave?
Kansas does not have a state-funded paid family leave program for private-sector employees. State executive branch employees are covered by a paid parental leave policy under Executive Order 21-24, providing up to eight weeks paid at 100% salary for primary caregivers. Source: Kansas Dept. of Administration — Bulletin 21-01.
How many sick days are required in Kansas?
Kansas law does not require private employers to provide any sick days. Sick leave entitlement, if any, is determined entirely by the employer’s written policy or employment contract. Source: Kansas Dept. of Labor — Workplace Laws FAQs.
Does FMLA apply to small businesses in Kansas?
FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. Kansas has no state family leave law extending FMLA-equivalent coverage to smaller private employers. The KAAD pregnancy leave obligation (K.S.A. 44-1009) applies to employers with four or more employees, but it is an anti-discrimination floor, not a standalone leave entitlement. Source: U.S. DOL FMLA; K.S.A. 44-1009.
How long is paternity leave in Kansas?
For private-sector employees, paternity leave in Kansas is up to 12 weeks under federal FMLA at covered employers, applying equally to all parents regardless of gender. State executive branch employees who are secondary caregivers receive four weeks of paid parental leave under E.O. 21-24. Source: U.S. DOL FMLA; Kansas Dept. of Administration — Bulletin 21-01.
Can an employer deny sick leave in Kansas?
If an employer does not offer sick leave, Kansas law imposes no obligation to grant it. If an employer’s written policy provides sick leave, the employer must administer the benefit consistently with that policy. FMLA-qualifying leave cannot be denied to eligible employees at covered employers when the statutory criteria are met. Source: Kansas Dept. of Labor — Workplace Laws FAQs.
What options exist for paid maternity leave in Kansas?
Private-sector employees’ paid maternity leave options in Kansas depend on employer-sponsored benefits: accrued PTO or vacation used during FMLA; employer-purchased short-term disability insurance covering pregnancy and recovery; and any voluntary employer-provided paid parental leave policy. Additionally, if an employer provides paid leave for comparable temporary disabilities, the KAAD (K.S.A. 44-1009) requires the same treatment be extended to pregnancy. No state program provides wage replacement for private-sector workers. Source: U.S. DOL FMLA; K.S.A. 44-1009.
What happens to unused sick leave if an employee leaves their job in Kansas?
Kansas does not require employers to pay out unused sick leave upon separation. Under the Kansas Wage Payment Act (K.S.A. 44-319), fringe benefits including sick leave are payable upon separation only if the employer’s written policy or employment contract specifically provides for such payout. Source: Kansas Dept. of Labor — Workplace Laws FAQs.
Are there local paid sick leave ordinances in Kansas?
No Kansas municipality has enacted a local paid sick leave ordinance as of March 2026. Current legislative activity at both the state and local level can be tracked through the Kansas State Legislature.
Does Kansas require pregnancy leave for small employers?
Yes, in a limited sense. The KAAD (K.S.A. 44-1009) applies to employers with four or more employees and requires covered employers to provide a reasonable leave of absence for pregnancy and childbirth as a condition of not discriminating on the basis of sex. This is not a defined statutory entitlement like FMLA — its scope is tied to how the employer treats comparable temporary disability leave. Source: K.S.A. 44-1009.
Sources & Verification Log
| Sources & Verification Log — Kansas Paid Leave Laws | |||
|---|---|---|---|
| Section | Source | URL | Date Verified |
| Paid Sick Leave — No Mandate | Kansas Dept. of Labor — Workplace Laws FAQs | https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs | March 2026 |
| Wage Claims | Kansas Dept. of Labor — Wage Claims | https://www.dol.ks.gov/employers/workplace-laws/wage-claims | March 2026 |
| KAAD — K.S.A. 44-1009 | Kansas Office of Revisor of Statutes | https://ksrevisor.gov/statutes/chapters/ch44/044_010_0009_section/044_010_0009_k/ | March 2026 |
| KAAD — K.S.A. 44-1005 (complaints) | Kansas Office of Revisor of Statutes | https://ksrevisor.gov/statutes/chapters/ch44/044_010_0005.html | March 2026 |
| KAAD Article | Kansas Office of Revisor of Statutes — KAAD | https://ksrevisor.gov/statutes/chapters/ch44/044_010_0000_article/ | March 2026 |
| State Employee Paid Parental Leave — EO 21-24 | Kansas Dept. of Administration — Bulletin 21-01 | https://admin.ks.gov/offices/personnel-services/agency-information/personnel-bulletins/bulletin-21-01--paid-parental-leave-for-state-of-kansas-employees | March 2026 |
| E.O. 21-24 Full Text | Kansas Secretary of State — Kansas Register | https://sos.ks.gov/publications/Register/Volume-40/Issues/Issue%2028/07-15-21-49285.html | March 2026 |
| SB 216 (2025) — Did Not Advance | Kansas State Legislature | https://www.kslegislature.gov/li/b2025_26/measures/sb216/ | March 2026 |
| SB 153 (2025) — Did Not Advance | Kansas State Legislature | https://www.kslegislature.gov/li/b2025_26/measures/documents/sb153_00_0000.pdf | March 2026 |
| FMLA | U.S. Department of Labor — FMLA Overview | https://www.dol.gov/agencies/whd/fmla | March 2026 |
| FMLA Complaints | U.S. DOL WHD — Contact/Complaints | https://www.dol.gov/agencies/whd/contact/complaints | March 2026 |
| State FMLA Administration | Kansas Dept. of Administration — FMLA | https://admin.ks.gov/offices/personnel-services/policy-programs/fmla | March 2026 |
| State Employee Benefits | Kansas Dept. of Administration — Benefits | https://admin.ks.gov/offices/personnel-services/jobs/benefits | March 2026 |
| Voting Leave Statute | K.S.A. 25-418 — Kansas State Legislature | https://www.kslegislature.gov/li/b2025_26/measures/bills/ | March 2026 |