10 Key Questions about Leave in Kansas

April 25th 2025

Leave policies in Kansas are governed by federal laws like the Family and Medical Leave Act (FMLA) and Kansas labor laws. Public employees benefit from clearly defined protections, accrual policies, and procedures for taking leave.

Whether you’re preparing for medical leave or need time off for military service, this guide breaks down the essentials—what’s allowed, what’s required, and how to stay compliant in Kansas.

This Guide Covers: 

1. What are leave laws in Kansas?

Kansas leave laws are built around federal standards like the Family and Medical Leave Act (FMLA) and supplemented by policies for public employees. State workers are eligible for various types of leave—including paid vacation, sick, military, funeral, and jury duty leave—based on tenure and position. 

2. How does leave work in Kansas?

Leave in Kansas is governed by federal regulations like the Family and Medical Leave Act (FMLA), alongside state-level policies for public employees outlined by The Kansas Department of Administration (KDA). These policies are primarily overseen by individual state agencies and apply to eligible state workers.

Eligibility depends on factors such as employment status, length of service, and the nature of the leave. Vacation and sick leave accrue each pay period, with accrual rates increasing over time. Additional paid leave types include military leave (up to 120 hours annually), jury duty, discretionary holidays, and funeral leave for qualifying relatives.

State employees must follow agency procedures for requesting leave, including providing documentation where required. Unpaid leave, such as FMLA or extended medical absences, may be supported through Kansas’s Shared Leave program—where eligible employees can receive donated leave after exhausting their own accruals.

3. What types of leave are available to Kansas employees?

In Kansas, state employees are offered various types of leave depending on their job classification, service length, and the nature of the absence. Leave includes a mix of paid and unpaid options, along with federal protections like FMLA.

  • Family and Medical Leave (FMLA): Eligible employees can take up to 12 work weeks of paid or unpaid, job-protected leave per year for qualifying reasons like childbirth, adoption, serious personal illness, or caring for a family member. This leave requires employees to meet federal eligibility criteria, including 12 months of service and 1,250 hours worked in the past year.
  • Vacation Leave: State employees accrue paid vacation each pay period based on their service length—ranging from 3.7 hours for less than five years to 6.5 hours for 15 or more years. Vacation hours can accumulate up to set caps (e.g., 240 hours for long-serving employees) and must be approved in advance.
  • Sick Leave: Employees accrue 3.7 hours of paid sick leave per pay period (based on 80 hours worked). Sick leave is available for the employee’s illness or that of a qualifying family member, including pregnancy and recovery, medical appointments, and adoption or foster placement.
  • Holiday Leave: Employees receive eight paid legal holidays, including New Year’s Day, Independence Day, and Christmas. Additional days may be designated by the governor. To qualify, the employee must be in paid status both the workday before and after the holiday.
  • Discretionary Holiday: Each calendar year, employees are granted one paid discretionary holiday. It must be requested and used by the end of the calendar year—it cannot be carried over.
  • Parental Leave: State employees receive paid parental leave following the birth or adoption of a child—up to 6 weeks for primary caregivers and 3 weeks for secondary caregivers. Leave must be used within 12 weeks of the qualifying event and is separate from accrued leave or FMLA time.
  • Military Leave: Eligible employees may receive up to 30 days of paid leave for military duty during each 12-month period from October 1 to September 30. Additional forms of military leave may apply depending on the nature of the service.
  • Leave Without Pay: Employees may be granted unpaid leave for special situations, subject to agency approval.
  • Disaster Leave: Employees certified as American Red Cross disaster volunteers (Level II or above) may be approved for up to 20 days of leave to support disaster relief efforts.
  • Payout for Unused Sick Leave: Employees who retire after at least 8 years of service may receive a partial payout for unused sick leave exceeding 800 hours.
  • Donor Leave: Employees may receive up to 30 days of paid leave to donate organs, tissue, bone marrow, or blood.
  • Jury Duty Leave: Paid leave is granted for jury service, provided employees submit required documentation confirming their participation.
  • Funeral Leave: Employees may receive up to six days of paid leave for the death of a close family member (e.g., spouse, child, parent). Approval and documentation are required.
  • Shared Leave: Employees who have worked at least six months and exhausted all paid leave may apply for Shared Leave due to their own or a family member’s serious health condition. This allows coworkers to donate leave so the recipient can remain in paid status.
  • Long-Term Disability Leave: Eligible Kansas public employees covered by KPERS may receive 60% of their salary (up to $5,000/month) after a 180-day waiting period if they become disabled. Benefits continue until age 65 or for up to five years, depending on the age at disability onset.

Read more about Kansas leave laws. 

4. How long can you take a leave of absence in Kansas?

The length of leave in Kansas depends on the type of leave and eligibility:

  • Eligible employees can take up to 12 weeks of unpaid, job-protected leave under FMLA in a 12-month period.
  • Paid military leave is available for up to 30 days per federal fiscal year (October 1–September 30); additional unpaid leave may apply under USERRA.
  • Leave without pay may be granted upon agency approval and can vary in length depending on the situation.
  • Shared Leave may be used after exhausting all paid time off, lasting as long as approved for serious medical conditions.
  • Disaster leave provides up to 20 paid days for certified Red Cross volunteers.

Unauthorized absences or failure to comply with leave procedures may result in disciplinary action, including possible loss of benefits or employment.

5. Is leave in Kansas paid or unpaid?

Leave in Kansas can be either paid or unpaid, primarily depending on the employee’s status (public vs. private) and the type of leave.

Paid leave is available to eligible public employees and includes vacation leave (earned per pay period based on years of service), sick leave (3.7 hours per pay period for full-time schedules), military leave, funeral leave, and paid holidays. 

Unpaid leave includes FMLA-protected leave for eligible employees, leave without pay beyond accrued balances, and military leave once the 120 hours of paid time are used. Private employers are not legally required to provide paid vacation, sick, or holiday leave—these are discretionary and based on company policy.

6. What happens to benefits while you’re on leave in Kansas?

In Kansas, what happens to your benefits during a leave of absence depends on whether the leave is paid or unpaid.

During paid leave, benefit coverage continues uninterrupted. Medical, dental, and vision premiums—as well as other voluntary deductions—are withheld from payroll as usual. This includes access to health plans offered by Aetna or Blue Cross Blue Shield, dental coverage through Delta Dental, and vision coverage through Surency, as outlined in the Kansas Department of Administration Benefits Guide.

Coverage may continue during unpaid leave if it falls under FMLA, with the state covering its share of premiums. Once FMLA ends or if the leave isn’t protected, you may be eligible for COBRA, which lets you keep your existing benefits—like medical, dental, and vision—by paying the full premium yourself

7. Can unused leave roll over in Kansas?

For Kansas state employees, unused vacation leave can roll over, with caps depending on years of service—ranging from 144 to 240 hours based on accrual tier. 

Sick leave also rolls over without a stated cap, and upon retirement, employees with 8+ years of service may receive partial payout for unused sick leave beyond 800 hours.

However, discretionary holidays do not roll over and must be used by the end of the calendar year.

8. Are part-time workers entitled to leave in Kansas?

Yes, part-time state employees in Kansas typically receive prorated vacation and sick leave based on the number of hours they work each pay period. For example, someone working half-time would earn about half the leave of a full-time employee.

9. Can you be terminated while on leave in Kansas?

Yes. Kansas is an at-will employment state, meaning employers can terminate employees at any time—even while they are on leave—provided the reason is not discriminatory or unlawful.

However, if the leave is protected under the Family and Medical Leave Act (FMLA), eligible employees are entitled to job protection. Termination during FMLA leave is only permitted if the reason is unrelated to the leave itself, such as misconduct or company-wide layoffs.

Employees who fail to return from leave or don’t follow required procedures (like providing medical certification) may lose job protection and be subject to termination.

Read the guide to firing employees in Kansas for more information. 

10. Can you resign while on leave in Kansas?

Yes. In Kansas, employees can resign while on leave, either formally or by failing to return after an approved leave ends. If an employee does not return to work at the end of an authorized leave and does not communicate with the employer, it may be considered a resignation by default.

Before finalizing this type of resignation, the appointing authority must make reasonable efforts to contact the employee and submit documentation of those efforts to the state’s personnel office.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.