In Kansas, taking a leave of absence isn’t just a matter for employers and employees to navigate alone. If an employee is eligible for leave under the Family and Medical Leave Act (FMLA), then they have certain entitlements under federal law. This includes the right to keep their health insurance while on leave and the right to return to work in the same role or an equivalent position.
Do employees in Kansas have additional protections under state law? In most cases, no. However, the state of Kansas does have some provisions for pregnancy, voting, and other types of leave. Let’s take a look at FMLA in Kansas and how employers can use HR automation to track FMLA leave and comply with Kansas leave laws.
What Is FMLA in Kansas?
Employees in Kansas may be eligible for leave under the Family and Medical Leave Act (FMLA), a federal leave law that provides up to 12 weeks of leave in a single 12-month period. According to the U.S. Department of Labor, this law applies to the following types of “covered employers,” including those in the state of Kansas:
- Private companies that employed at least 50 employees for 20 work weeks in the calendar year
- Public and private schools and educational agencies
- Local, state, and federal government agencies
FMLA entitles employees to job-protected leave, which means they can’t be fired while on leave, can keep their health benefits, and must be allowed to return to work. FMLA rights only guarantee unpaid leave, but employees can draw from their accrued sick leave, vacation leave, or paid time off (PTO) while on leave.
Who Qualifies for FMLA in Kansas?
In order to qualify for FMLA-protected leave in Kansas, employees need to meet a few qualifying conditions. Eligible employees are those who have:
- Worked for their employer for at least 12 months
- Performed at least 1,250 hours of work in the past 12 months
- Worked at a job site with at least 50 employees in a 75-mile radius
Both full-time and part-time employees are eligible, as long as they meet the criteria. If an employee isn’t eligible for FMLA, they may still be eligible for leave under another employment law, such as the Americans with Disabilities Act (ADA).
What Is Considered an FMLA-Qualifying Reason for Leave in Kansas?
Can eligible employees take FMLA leave for any reason? Not exactly. Employees need to have an “FMLA-qualifying reason” for taking leave, and employers are allowed to ask for more information or documentation to verify that reason. These reasons include:
- A medical condition: An employee with a serious health condition can take a leave of absence for medical reasons. This can be continuous leave while they recover from an illness or injury, or intermittent visits to a health care provider.
- Caring for a family member: Employees can take FMLA leave to care for an ill or injured family member. FMLA also allows for parental leave following the birth of a child, the adoption of a child, or the placement of a child in foster care.
- Military service: Military family leave allows employees to take time off to deal with a qualifying exigency that’s related to a family member’s active duty military service in the National Guard or Armed Forces. Military caregiver leave provides up to 26 weeks of FMLA leave to care for a covered service member.
Employers are allowed to provide more expansive benefits than those covered by FMLA, but these are the only scenarios outlined in FMLA Fact Sheet #28. If an employee also qualifies for leave under state employment law, then the laws apply concurrently.
Alternatives to FMLA in Kansas
The state of Kansas doesn’t have its own version of the Family and Medical Leave Act, so in most cases, employers only need to comply with FMLA. But there are at least a few scenarios not covered by FMLA in which state law may fill in the gaps:
Pregnancy leave
Neither FMLA nor Kansas state law explicitly mandates pregnancy leave. But state law requires employers to treat pregnancy-related conditions the same way they would any temporary disability, which may include providing pregnancy leave.
Domestic violence leave
The state of Kansas provides up to eight days of unpaid leave for employees who need to seek relief from domestic violence or sexual assault. This may include seeking legal or medical services. Employees can also use paid time off if it’s available.
Voting leave
Employees are entitled to two hours of leave on voting day if the polls are open for less than two hours before or after their work schedule. The employer can designate which time of day the employee can leave, as long as it doesn’t include their lunch break.
Military leave
Although FMLA covers some scenarios related to military service, Kansas has its own military leave law that applies to employees who are called to active duty. Employees are entitled to a leave of absence while serving, plus an additional 72 hours.
Managing FMLA in Kansas: Policies and Best Practices
As an employer, it’s the responsibility of your human resources team to assess FMLA eligibility and identify FMLA-qualifying scenarios. This is true even when an employee doesn’t make a formal FMLA leave request. Follow these best practices to make sure you identify FMLA leave entitlements promptly and track them accurately:
1. Use a leave management platform.
Using a leave management platform can save hours of work for each employee leave request. By making it easy for employees to submit their own leave requests digitally, you reduce the workload for your HR team.
Pulpstream’s cloud-based, no-code platform includes a self-service portal where employees can initiate their own leave requests. Use HR automation to verify eligibility, approve leave requests automatically, manage your return-to-work process, and more.
2. Request appropriate documentation.
Some types of leave, such as medical leave, may call for additional documentation. If an employee needs to take time off for a medical condition, employers are allowed to ask for a relevant medical certification from their healthcare provider.
Requesting documents should be done carefully and with FMLA confidentiality rules in mind. Use Pulpstream to request documents digitally, allow employees to upload them securely, and store them in the cloud separately from other personnel files.
3. Track FMLA leave balances.
When an employee needs to take intermittent leave or when different types of leave overlap, tracking employee absences can be complicated. Even in simple cases, it’s important to track leave to avoid miscalculating an employee’s leave balance.
Pulpstream’s all-in-one attendance management system supports leave of absence tracking so you know exactly how much leave an employee has used and how much they have left. They can even log in to view their own leave balance online.
Automate FMLA in Kansas with Pulpstream
Employers in Kansas need to comply with the Family and Medical Leave Act (FMLA), a federal law that provides up to 12 weeks of leave for certain qualifying reasons. Kansas doesn’t have an equivalent state law of its own, but it does have specific provisions for pregnancy leave, domestic violence leave, and voting leave in addition to FMLA.
Complying with FMLA in Kansas requires you to assess leave eligibility, keep accurate documentation, and track leave balances. Use Pulpstream’s HR automation platform to streamline leave requests, reduce your HR workload, and ensure HR compliance.
Ready to simplify leave management? Request a demo today to see the difference it can make!
