Kansas Statewide Law Preempts Sick Leave for Local Ordinances

Kansas State Law Prevents Local Sick Leave Ordinances

In 2013 Kansas State lawmakers passed a law that delegated mandatory sick leave to the state level. The bill, H 2069, banned local cities and counties from enacting mandatory sick leave or other employment benefits to employers. The preemptive laws halt local legislation and prevent a patchwork of conflicting laws that often pop up, such as have occurred in Illinois and in New Jersey.

The bill provides that any county, city, town, or township may not establish, mandate or otherwise require an employer to provide an employee a benefit, term of employment, working condition, or attendance leave policy that exceeds the requirements of federal or state law.

Currently Kansas does not have a statewide mandatory sick leave law. However, Kansas does have a domestic violence law that requires employers to grant up to 8 days a year for domestic violence reasons. If the employer doesn’t provide any paid leave, then the employee is entitled to unpaid days under the law.

Kansas is among one of several states that have banned local sick leave laws from being passed locally. Currently 20 states have passed preemptive sick leave or minimum wage laws.

The states that have preempted local minimum wage ordinances, but not paid sick leave laws include Oregon, Idaho, Utah, Colorado, Ohio, Pennsylvania, New York, and Rhode Island.

Currently 13 states have passed preemptive laws against both minimum wage and sick leave bills on the local level. Those states include Kansas, Oklahoma, Missouri, Wisconsin, Michigan, Indiana, Tennessee, North Carolina, Missouri, Louisiana, Alabama, Georgia, and Florida.

Arizona is the only state that has preempted sick leave, but not minimum wage increases.

Written by Annemaria Duran. Last updated March 27, 2017

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