Kansas

Labor Compliance Guide

Hours & Pay Regulations

Normal Working Hours

On and after January 1, 1978, no employer shall employ any employee for a workweek longer than 46 hours, unless such employee receives compensation for employment in excess of 46 hours in a workweek at a rate of not less than 1½ times the hourly wage rate at which such employee is regularly employed. The time is spent in walking, riding, or traveling to and from the actual place the employee is required to report when the period of time is compensable by express contract, custom or practice.

 

Under state law, employers must pay for work time during which employees are performing services for their employers or are required to wait or remain on call.

Overtime

No employer shall employ any employee for a workweek longer than 46 hours unless such employee receives compensation for employment in excess of 46 hours in a workweek at a rate of not less than 1.5 times the hourly wage rate at which such employee is regularly employed.

Annual Leave

Kansas does not have a paid annual leave law that applies generally to private employees.

Minimum Wage

Kansas employers must pay a minimum wage of at least $7.25 an hour, effective January 1, 2010.

Tips & Gratuities

Tips may be credited for up to 40 percent of the minimum wage for employees customarily receiving and retaining at least $20 per month in tips. Effective January 1, 2010, employers must pay employees receiving tips at least $2.13 an hour. If tips plus $2.13 an hour do not equal minimum wage, the employer must pay the difference.

Meal Breaks

Kansas does not have a meal breaks law that applies generally to private employers. However, certain private employers are covered by the applicable federal law governing meal and rest breaks.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to main United States page for further details on this Federal law.
Pregnancy Disability Leave

Employers must provide leaves of absence to employees for childbearing. Employers can’t treat employees disabled by pregnancy or childbirth differently with regard to commencement and duration of leave, accrual of seniority and other benefits, and payment under any health, temporary disability insurance, or sick leave plan from any other temporarily disabled employees.

Voting Leave

Employers must grant employees up to two consecutive hours of leave to vote. Employers can specify the hours’ employees can take for voting leave, but cannot include employees’ regular lunch period in the specified leave period for voting.

Domestic Violence Leave

An employer may not discharge or in any manner discriminate or retaliate against an employee who is the victim of domestic violence or a victim of sexual assault for taking time off from work to obtain or attempt to obtain judicial relief such as a restraining order; seek medical attention; obtain services from a domestic violence shelter, domestic violence program, or rape crisis center; or make court appearances in the aftermath of domestic violence or sexual assault. An employee shall give the employer reasonable advance notice of his or her intention to take time off unless such advance notice is not feasible.

Military Leave

Employers must reinstate or restore employees to the permanent position they held when they were called or ordered to state active duty as members of any state military force unless re-employment is impossible or unreasonable or would impose an undue hardship on employers.

Pregnancy Leave

Under the Kansas Acts Against Discrimination (KAAD), employers are prohibited from discriminating against an employee on the basis of sex in terms, conditions or privileges of employment. The KAAD, under its regulations, recognizes pregnancy discrimination as a form of sex discrimination. The regulations require covered employers to:

  • Provide a leave of absence, for a reasonable period of time, for female employees due to childbearing; and
  • Consider as temporary disabilities for all job-related purposes disabilities which are caused or contributed to by:
    • Pregnancy; or
    • Miscarriage; or
    • Abortion; or
    • Childbirth; or
    • Recovery from any of the above.
Jury Duty Leave

No employer shall discharge or threaten to discharge any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of Kansas.

Donor Leave

Executive branch state employees are allowed up to 30 days of paid leave for organ donation. (EO2001-02).

Last updated on: February 7th, 2019