Kansas Labor Law Breaks
Regarding breaks for all employees, Kansas falls back on federal legislation. Only if it lasts less than 20 minutes must a meal break be paid if an employer wishes to offer one. As long as the employee is entirely relieved of all obligations, breaks longer than 30 minutes are considered meal intervals and do not require payment.
Kansas Payment Laws
Kansas currently has no state law requiring employers to provide their employees with benefits upon hire or at any time while employed. However, some employers may choose to offer benefit packages for their full-time employees. Such benefits often include paid vacation, paid holidays, and paid sick leave. The United States also does not have a federal law requiring employers to pay employees for any time off taken. Kansas currently does not have a state law for paid time off. Paying employees for any time off is at the discretion of the business or company of employment.
However, if an employer does provide benefits like paid time off and presents them in written format, he or she is required by law to provide these benefits. Denying guaranteed benefits is illegal. When employers do not honor their contracts or such other disputes, the department of labor will handle the situation.
Employers may also provide paid vacation time. If such a benefit is offered and an individual is terminated, he or she is entitled to receive any or all of his or her unused vacation payment, unless a contract states otherwise. If an employer denies this requirement, the department of labor will also settle this dispute.
Family and Medical Leave
Kansas does not have a state law in regard to unpaid leave. Instead, Kansas uses the federal law that allows employees to take up to twelve weeks of leave without the consequence of termination. This twelve weeks of leave must be taken consecutively and spread over several months. All of this kind of leave is unpaid.
The Family and Medical Leave Act covers all of these necessities and provides personal opportunities for family illness and personal needs. This act includes maternity leave, the care of an elderly parent, the care of an ill child, hospitalization, and other medical or psychological needs. Maternity leave is specifically designed to allow new mothers the opportunity to care for newborns or adoptive parents to bond with new children. An employee on maternity leave may request to return to work earlier than the twelve-week maximum, which is at the discretion of the employer.
Under the Family and Medical Leave Act, an employer cannot lawfully terminate an individual due to pregnancy or family leave. An employer may hire a temporary employee to handle the employee on leave’s duties or other employees may divide the tasks for the allotted time. Upon return, an employee on leave is entitled to receive his or her former position or a position of the same salary and benefits.
Kansas Minimum Wage
Under United States law all states are required to have a minimum wage at or higher than the federal minimum. The state of Kansas has the same minimum wage as the federal law’s minimum requirement. In 2009 the federal minimum wage was raised to seven dollars and twenty-five cents an hour.
Employers cannot legally pay their employees lower than the minimum unless the employees receive tips on a regular basis. These employees may legally be paid two dollars and thirteen cents an hour, as tips make up the difference in wages.