Kansas Leave Law

In addition to the federal Family and Medical Leave Act (FMLA), public employees in the State of Kansas may qualify for a leave sharing program. Below is a brief description of the program.

If you are considering taking leave, consult with your Human Resource Office for additional details - preferably with a supervisor to help assure that the information you receive is accurate.

What Is A Shared Leave Program?

Generally, under these programs certain state employees may be allowed to donate annual and sick leave to other state employees who are suffering from, or who have a family member suffering from, an extraordinary or severe illness, injury, impairment or physical or mental condition which has caused, or is likely to cause, the employee to take leave without pay or to quit their job. (NOTE: "extraordinary or severe" means serious, extreme or life-threatening.)

Who Is Eligible To Receive Shared Leave?

First, you must be a state employee holding a regular position or holding an unclassified position but who is eligible for benefits. Second, you must meet all of the following requirements:

1. You have worked for at least six continuous months;
2. You or a family member have a serious, extreme, or life-threatening illness, injury, impairment, or physical or mental condition;
3. The illness, injury, impairment, or condition has caused, or is likely to cause, you to take leave without pay or to quit your job;
4. The illness, injury, impairment, or condition keeps you from performing your regular work duties; and
5. You have already used up any paid leave available to you (including vacation leave, sick leave, compensatory time, etc.). 

How Much Shared Leave Can I Take? 

The maximum number of hours of shared leave you may use is equal to the total number of hours you would regularly be scheduled to work during a six-month period. 

Who Is Eligible to Donate Leave? 

A fellow employee may donate leave to you if:

1. Donation of the donating employee's vacation leave will not leave him/her with less than 80 hours of vacation leave (unless his/her donation is made upon leaving state employment);
2. Donation of the donating employees sick leave will not leave him/her with less than 480 hours of sick leave (unless his/her donation is made upon leaving state employment); and
3. If the donating employee is retiring from state service and is receiving compensation for sick leave, the sick leave they donate may only be that amount which is in excess of the minimum amount required for a sick leave payout.

 Do I Need A Note From My Doctor? 

When you request leave you must provide either a statement from a licensed health care provider or other medical evidence which adequately demonstrates that the illness, injury, impairment, or physical or mental condition is serious, extreme, or life-threatening and keeps you from performing your regular duties. 

If you fail to provide this information, your request for shared leave will be denied. 

In addition, at any point during your leave, your employer may ask you for a physician statement or evidence demonstrating that the health condition at issue continues to be serious, extreme or life-threatening OR demonstrating that you are able to return to work.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 

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