Hiring Employees in Kansas

Classifying Your Workers Correctly

Your company must distinguish properly between employees and independent contractors under IRS common law tests and Kansas wage payment rules. You should look at behavioral control, financial control, and the overall relationship to decide if a worker is truly independent.

Kansas can hold you liable for back wages, unpaid unemployment contributions, workers’ compensation premiums, and civil penalties if you misclassify workers. To reduce risk, you should document your analysis and review guidance such as the federal tests and Playroll’s misclassification overview at https://www.playroll.com/blog/employee-misclassification-guide.

Verify Employee Work Eligibility

For every new hire in Kansas, you must complete federal Form I‑9 within 3 business days of the employee’s start date. Your company must examine original identity and work authorization documents from the Lists of Acceptable Documents and keep I‑9s separate from personnel files.

Kansas does not mandate E‑Verify for most private employers, but you may choose to use it if you apply it consistently and follow federal program rules. You must retain I‑9s for at least 3 years after the hire date or 1 year after termination, whichever is later, and make them available for inspection if requested by federal authorities.

Create an Employee Onboarding Process

When you hire in Kansas, you should issue a clear written offer letter outlining pay rate, pay schedule, exempt status, and key policies. You will need to collect federal Form W‑4, Kansas Form K‑4 for state withholding, direct deposit details if used, and signed acknowledgments for your handbook and required policies.

Your company must also provide any mandatory notices, such as workers’ compensation information and unemployment insurance rights, and report new hires to the Kansas Department of Labor within 20 days. Building a consistent onboarding checklist helps you control compliance risk and gives you better visibility into the true cost of each Kansas hire.

Pay Frequency & Methods

Kansas law requires you to pay wages at least once per calendar month, and you must communicate regular paydays in advance. If you discharge an employee, you must pay all earned wages no later than the next regular payday; if the employee resigns, you may also pay by the next scheduled payday.

Failure to pay on time can expose your company to wage claims, interest, and attorney fees under the Kansas Wage Payment Act. You should keep accurate time and payroll records for at least 3 years to defend against disputes and audits.

Payment Methods (How You Can Pay)

Your company can choose among several lawful payment methods in Kansas, but you must always ensure employees receive full wages without unlawful deductions and with an itemized statement of earnings and withholdings.

• Payroll Check: You may pay employees by check drawn on a Kansas bank, and you must ensure they can cash it at full face value without fees.
• Cash: You can pay wages in cash as long as you provide a written wage statement and maintain accurate payroll records.
• Direct Deposit (EFT): You may use direct deposit, but you should obtain written consent and offer an alternative method if an employee declines.
• Paycards: You can pay by payroll card if employees have fee‑free access to their full net wages at least once per pay period and receive clear disclosures.
• Outsourced Payroll: You may outsource payroll to a third‑party provider, but your company remains legally responsible for correct and timely wage payments and tax filings.

When you hire employees in Kansas, your company must withhold and remit federal and state payroll taxes and pay employer contributions on top of gross wages. You will need to register with the Kansas Department of Revenue and the Kansas Department of Labor before running payroll.

Employer Tax Contributions

As a Kansas employer, you are responsible for federal Social Security and Medicare contributions, federal unemployment tax, and state unemployment insurance. You must obtain a Kansas unemployment insurance account number and follow assigned rates and wage bases.

Employee Payroll Tax Contributions

Your company must withhold federal income tax, Kansas state income tax, and the employee share of Social Security and Medicare from each paycheck. You also need to file periodic returns and provide employees with Form W‑2 after year‑end.

Minimum Wage in Kansas

Kansas sets its minimum wage at $7.25 per hour, which is the same as the federal minimum under the Fair Labor Standards Act. Your company must pay at least this rate to non‑exempt employees, and higher local minimums do not currently apply in Kansas.

Working Hours in Kansas

Kansas does not impose daily hour limits for adults, so your scheduling will generally follow federal standards and your own policies. You should still track all hours worked, including short rest periods that count as paid time, to ensure accurate wage calculations.

Overtime in Kansas

Kansas relies on federal FLSA overtime rules, which require you to pay at least 1.5 times the regular rate for all hours worked over 40 in a workweek by non‑exempt employees. You must correctly classify exempt roles and include nondiscretionary bonuses in the regular rate when computing overtime.

In Kansas, you decide most benefit levels, but federal laws like the Affordable Care Act require applicable large employers with 50 or more full‑time employees to offer affordable health coverage or face penalties. To stay competitive, your company will typically offer health insurance, retirement plans, and paid time off even where not mandated.

Mandatory Leave Policies in Kansas

Paid Time Off in Kansas

Kansas does not require private employers to provide paid vacation or general PTO, so you can design your own accrual and usage rules. Once you adopt a PTO policy, you should follow it consistently and state clearly whether unused PTO is paid out at separation.

State law does not mandate PTO payout, but Kansas courts often look to your written policy and past practice when resolving disputes. To avoid misunderstandings, your company should document accrual caps, carryover limits, and forfeiture rules in the handbook.

Maternity & Paternity Leave in Kansas

Kansas does not have a separate paid parental leave program, but eligible employees of covered employers may take up to 12 weeks of unpaid, job‑protected leave under the federal FMLA for birth, adoption, or foster placement. You must maintain group health benefits during FMLA leave on the same terms as active employment.

Under federal anti‑discrimination laws, you must treat pregnancy and childbirth‑related limitations the same as other temporary disabilities for leave and accommodation purposes. Many Kansas employers choose to supplement unpaid leave with PTO, short‑term disability benefits, or company‑paid parental leave to support retention.

Sick Leave in Kansas

Kansas does not require you to offer paid or unpaid sick leave beyond what may be required under FMLA or disability accommodation laws. If you choose to provide sick leave, you should define eligibility, accrual rates, and documentation requirements in writing.

Your company must apply sick leave policies in a nondiscriminatory way and coordinate them with any applicable federal leave rights. Clear communication about when a doctor’s note is required and how intermittent absences are handled will help reduce conflicts.

Military Leave in Kansas

Employees in Kansas who serve in the armed forces, National Guard, or reserves are protected by federal USERRA and state law. You must grant leave for qualifying service, promptly reinstate returning employees to the same or comparable position, and preserve seniority‑based benefits as required.

While you are not required to pay employees during military leave, you cannot force them to use vacation or PTO instead of unpaid military leave. You should also continue any elected health coverage consistent with USERRA timelines and notice rules.

Jury Duty in Kansas

Kansas law prohibits you from disciplining or terminating an employee for responding to a jury summons or serving as a juror. You are not required to pay for time spent on jury duty, but many employers choose to offer some paid time to support civic participation.

You may request proof of jury service, such as a court notice or attendance slip, and you can require employees to report to work when not actively serving. Your policy should explain how jury duty pay, if any, interacts with the modest juror fees paid by the court.

Voting Leave in Kansas

In Kansas, you must provide up to 2 consecutive hours off to vote in a general, primary, or special election if the employee does not have 2 consecutive non‑working hours while the polls are open. You may choose the specific time during the workday when the employee is released to vote.

State law generally requires that this voting leave be paid, and you may not penalize or retaliate against employees for using it. You should train supervisors on scheduling obligations so they do not inadvertently block employees from exercising their voting rights.

Bereavement Leave in Kansas

Kansas does not mandate bereavement leave for private‑sector employees, so any entitlement will come from your internal policy or employment contracts. Many employers provide 1–5 days of paid or unpaid leave depending on the relationship to the deceased.

To ensure consistency and fairness, your company should define who qualifies as an immediate family member, documentation expectations, and whether additional unpaid leave may be approved as an accommodation. Clear guidelines help managers respond compassionately while maintaining operational continuity.

Termination Process

Kansas is an at‑will employment state, so you or the employee may end the relationship at any time for any lawful reason, unless a contract states otherwise. To reduce legal risk, you should document performance issues, follow your disciplinary procedures, and provide a written termination notice summarizing the reason even when not legally required.

Notice Period

Kansas law does not require advance notice of termination or resignation for private employees, unless you have agreed to notice terms in a contract or policy. If you do require notice from employees, you should apply the rule consistently and clarify whether unused PTO is forfeited if proper notice is not given.

Severance

Severance pay is not mandated in Kansas, but you may offer it voluntarily in exchange for a signed release of claims that complies with federal and state law. Any severance plan or practice should be documented, applied consistently, and coordinated with final wage payments and continuation of benefits.