Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child, or to care for a family member with a serious illness, but Kansas does not have such a law that covers private employers. However, most Kansas employers with 50 or more employees will have leave obligations under the federal Family and Medical Leave Act (FMLA).
The state Department of Administration has adopted the requirements of the federal FMLA for state employees (KS Admin. Regs. Sec. 1-9-27).
Any new hire in a regular position without permanent status may be granted unpaid leave for a period not to exceed 60 days (total leave not to exceed 6 months) for:
• Illness or disability, including pregnancy, childbirth, miscarriage, abortion, and recovery therefrom
• Adoption of a child or placement of a foster child with the employee
• Care of a family member with a serious health condition
• For other good reason, as determined by the appointing authority
Employees with permanent status may also take unpaid leave for these reasons for a period not to exceed 1 year (KS Admin. Regs. Sec. 1-9-6).
In addition, state employees may also use their accrued sick leave to care for the illness or disability (including pregnancy, childbirth, miscarriage, abortion, and recovery therefrom, and doctors' appointments) of the employee or the employee's family member, for the legal quarantine of the employee, or for the adoption of a child or initial placement of a foster child (KS Admin. Regs. Sec. 1-9-5).