Kansas
Verified February 2026Kansas Act Against Discrimination
Kan. Stat. Ann. §§ 44-1001 to 44-1044
Kansas does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in Kansas, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months and 1,250 hours.
Kansas provides important anti-discrimination protection through the Kansas Act Against Discrimination (KAAD), codified at K.S.A. 44-1001 through 44-1044. The KAAD covers employers with 4 or more employees, well below the federal ADA’s 15-employee requirement. This means workers at small Kansas businesses have state-level disability discrimination protections, including the right to reasonable accommodations. The Kansas Human Rights Commission (KHRC) enforces the act and has the authority to investigate complaints, hold hearings, and order remedies including reinstatement and back pay.
Kansas also has a separate disability discrimination provision that specifically addresses accommodation requirements. The state does not mandate paid sick leave, and there is no statewide requirement for employers to provide paid or unpaid sick days beyond what federal law requires. Workers’ compensation in Kansas covers mental health injuries, but standalone mental-mental claims (psychological injury without physical injury) are generally limited and require clear evidence of workplace causation.
Even without a state leave law, Kansas workers benefit from a low employer threshold for discrimination protections. The combination of the Kansas Act Against Discrimination, federal FMLA, and the ADA creates a meaningful safety net, especially for workers at smaller employers who would not be covered by federal anti-discrimination laws alone.
Employer Size
4+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Kansas does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: The Kansas Act Against Discrimination covers employers with 4 or more employees, well below the federal ADA threshold of 15. The Kansas Human Rights Commission can investigate, hold hearings, and order remedies.
Additional Protections
Kansas Act Against Discrimination (KAAD)
Prohibits employment discrimination based on disability and other protected classes for employers with 4+ employees. Provides broader employer coverage than the federal ADA threshold of 15 employees. KHRC can investigate, hold hearings, and order remedies.
Kan. Stat. Ann. § 44-1009
Kansas Workers’ Compensation – Mental Health Coverage
Kansas workers’ compensation covers mental injuries resulting from physical workplace injuries. Standalone mental-mental claims are generally limited and must demonstrate that workplace conditions were the prevailing factor causing the mental injury.
Kan. Stat. Ann. § 44-508
1. Request FMLA Leave (Federal)
Since Kansas has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- Verify your employer has 4+ employees and the incident is within 6 months.
- File a complaint with the Kansas Human Rights Commission online, by mail, or in person.
- KHRC will investigate the complaint and may attempt conciliation if it finds probable cause.
- If conciliation fails, KHRC can hold a formal hearing or you may pursue the matter in state court.
Note: Filing with KHRC automatically cross-files with the federal EEOC through a work-sharing agreement.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 6 months - Deadline to file a discrimination complaint with the Kansas Human Rights Commission
- 300 days - Deadline to file with the federal EEOC (extended because KHRC exists as a local agency)
- 10 days - Workers’ comp injury must be reported to employer (written notice within 10 days recommended)
- 3 years - Statute of limitations for workers’ compensation claims in Kansas (from date of injury or last payment)
Official Resources
Frequently Asked Questions
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