Kansas

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Kansas.

Pregnancy and Work

Protection Against Pregnancy Discrimination

The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced pregnancy loss. That means: Your boss can’t fire you or cut your hours when they find out that you’re pregnant or trying to get pregnant. You also have the right to be free from harassment at work because you are pregnant.
If your employer asks you about your pregnancy or plans to have children in a job interview, that may be evidence of pregnancy discrimination.
Your employer can’t treat you differently from other workers just because you are pregnant or experienced pregnancy loss.
The Kansas Acts Against Discrimination also ban sex discrimination, which probably includes pregnancy discrimination, and covers workplaces with 4 or more employees. Ask an attorney for help if you feel you have been discriminated against.

Workplace Accommodations

If you are working and pregnant, recovering from childbirth, pumping milk, or have a related medical condition, the Pregnant Workers Fairness Act can help you protect your health and the health of your pregnancy without losing your job. Under the Pregnant Workers Fairness Act, a nationwide law, most workers have a right to “reasonable accommodations” or temporary changes at work. You do not need to have a disability or pregnancy complication to be eligible for an accommodation.
In Kansas, employers are expected to comply with the PWFA, ensuring that pregnant workers receive necessary accommodations to perform their jobs safely and effectively.

Workplace Safety for Pregnant Workers

In Kansas, workplace safety for pregnant workers is governed by both federal and state laws.
Occupational Safety and Health Administration (OSHA): Employers are required to provide a safe working environment for all employees, including pregnant workers. This includes assessing job duties and making necessary accommodations to ensure safety.
Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnant workers the same as other employees who are similar in their ability or inability to work.
Pregnant workers may request reasonable accommodations to help them perform their job safely. This could include modifications to their work environment or duties, such as more frequent breaks, a change in tasks, or a temporary reassignment to a less physically demanding position.
Pregnant workers need to communicate their needs to their employers. This can help ensure that appropriate accommodations are made to maintain a safe working environment.
The Kansas Department of Labor provides resources and guidance on workplace safety and rights for pregnant workers. It may be beneficial to consult these resources for specific information and support.
Legal Support: If a pregnant worker feels that their rights are being violated, they may seek legal assistance or file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Kansas Human Rights Commission.

Taking Time Off Work

There are nationwide laws that may provide you with the right to take unpaid time off from work for needs related to your pregnancy or pregnancy loss without losing your job.
If you are covered by the Family and Medical Leave Act, you have the right to take unpaid time off during pregnancy or after experiencing a miscarriage without losing your job. For more information see this guide to your workplace rights around miscarriage.
The Pregnant Workers Fairness Act may provide you with unpaid time off from work as a reasonable accommodation for a limitation related to your pregnancy or a related medical condition. For example, if you need time off for morning sickness, prenatal appointments, or bed rest, then the Pregnant Workers Fairness Act can help. Note that under federal law, your employer may not push you onto unpaid leave if another reasonable accommodation (like a transfer) would allow you to keep working.

Pregnancy Leave

While Kansas does not have a state-specific law mandating pregnancy leave, employers covered by FMLA must provide eligible employees with unpaid leave for prenatal care, pregnancy-related incapacity, and childbirth.
If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
Only about half of all private sector workers in the U.S. are covered by the law. You must 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; 2) have worked with your employer for at least 1 year; and 3) have worked at least 1,250 hours in the year before taking leave.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the federal Fair Labor Standards Act (FLSA), employers are required to provide

Reasonable break times for nursing parents to pump breast milk for up to one year after birth
A private, non-bathroom space for expressing milk
Small businesses (with fewer than 50 employees) may claim undue hardship exemptions, but most employers must comply.
In Kansas, state law allows mothers to breastfeed in any place they have a right to be.

Workplace Protections for New Parents
Equal Pay: Kansas law ensures that employees are entitled to equal pay for equal work, regardless of gender or parental status.

Employment Termination

It is illegal for employers to terminate an employee solely because of their pregnancy. If you believe you have been terminated due to your pregnancy, you may have grounds for a discrimination claim. If you feel that your rights have been violated, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Kansas Human Rights Commission. They can investigate your claim and provide guidance on the next steps.
If you are facing termination or discrimination related to your pregnancy, it may be beneficial to consult with an employment attorney who specializes in labor law to understand your rights and options.

Job Protection: FMLA guarantees that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in Kansas
Childcare Assistance
The Child Care Assistance Program, also known as the Child Care Subsidy Program, helps pay for child care costs. It assists various families, including those who receive Temporary Assistance for Needy Families (TANF), low-income working families, families in education or training activities, and teen parents completing high school or their GED. Learn more

Flexible Work Policies
While not mandated by law, some Kansas employers may offer flexible work arrangements, remote work options, or paid parental leave as part of their benefits packages. Employees are encouraged to consult their employer's human resources department to learn about available options.

Breastfeeding-Related Rights

In Kansas, breastfeeding-related rights are protected under the Kansas Breastfeeding Bill of Rights. This law allows mothers to breastfeed in any public place where they are authorized to be. Additionally, employers are required to provide reasonable accommodations for breastfeeding employees, which may include a private space (other than a bathroom) for expressing milk and flexible break times to do so.
Employers are encouraged to support breastfeeding by creating a supportive environment, which can include providing access to a refrigerator for storing breast milk and allowing time for breastfeeding or pumping during work hours.
If a breastfeeding employee feels that their rights are not being respected, they can seek assistance from the Kansas Department of Health and Environment or consult with an attorney specializing in employment law for further guidance.

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Kansas.