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Old 11-04-2009, 11:02 AM
titi2k titi2k is offline
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Default Pregnancy Leave Law in KS Kansas

I have an employee who is pregnant & not eligible for FMLA. I was wondering if she will be entitled to any types of leaves in KS due to pregnancy.
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Old 11-04-2009, 02:27 PM
cbg cbg is offline
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I'm not where I can look up my state-specific leave laws but I do not recall that Kansas has a state maternity leave. Someone can correct me if I am wrong, and I may be.

However, if you have more the 15 employees, you are subject to the Federal Pregnancy Discrimination Act, which says that an employee who is pregnant has to be treated the same as if she were not pregnant. Meaning that you have to allow her the same leave you would allow a similarly situated employee who had a non-maternity medical condition and who also did not qualify for FMLA.
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Old 11-05-2009, 12:16 AM
Betty3 Betty3 is offline
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Childbearing must be considered by the employer to be a justification for a leave of absence for female employees for a reasonable period of time. Following childbearing and upon signifying her intent to return within a reasonable time, such female employee shall be reinstated to her original job or to a position of like status and pay without loss of service, credits, seniority or other benefits.
Ks. Admin. Reg. 21-32-6(d) (Adopted by the Ks. Commission on Human Rights)

Employers with fewer than four employees are exempt. All private & public employers with 4 or more employees are subject to the Ks. Acts Against Discrimination.
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Old 11-05-2009, 07:06 AM
titi2k titi2k is offline
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Default Pregnancy Law in KS

Let's say if the doctor approves her for 8 weeks on Pregnancy Disability, dos she have to return to work after or can she take additional time to bond with the baby?
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Old 11-05-2009, 09:24 AM
Betty3 Betty3 is offline
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The regulation is as above - Ks. is not my state & I have no idea what Ks. considers a "reasonable" amt. of time off. It may not include bonding if the employee does not qualify for FMLA.

You might give the Ks. Commission on Human Rights (Human Rights Commission) a call & get an idea on what is reasonable.
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