Kansas 2025-2026 Regular Session

Kansas Senate Bill SB216 Latest Draft

Bill / Introduced Version Filed 02/05/2025

                            Session of 2025
SENATE BILL No. 216
By Senators Corson, Holscher, Pettey, Schmidt and Sykes
2-5
AN ACT concerning labor and employment; establishing the Kansas paid 
sick time act; requiring earned paid sick time to be compensated at the 
same hourly rate and benefits as normally earned; detailing the accrual 
of earned paid sick time, with different limits based on the size of the 
employer; allowing carryover of up to 80 hours of unused paid sick 
time or payment for unused time at year-end; requiring employers to 
provide employees with written notice regarding earned paid sick time; 
mandating that earned paid sick time be available for various health-
related and safety-related reasons; prohibiting employers from 
requiring employees to find replacement workers when using paid sick 
time; allowing employers to require reasonable documentation for 
earned paid sick time used for three or more consecutive days; making 
it unlawful for employers to retaliate against employees exercising 
rights under the act; granting employees the right to bring civil action 
for violations; ensuring confidentiality of health and safety information; 
affirming that the act does not apply to employees under a collective 
bargaining agreement until such agreement's expiration; affirming that 
the act provides minimum requirements and does not preempt greater 
benefits than provided by this act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Sections 1 through 15, and amendments thereto, shall 
be known and may be cited as the Kansas paid sick time act.
(b) As used in the Kansas paid sick time act:
(1) "Act" means sections 1 through 15, and amendments thereto.
(2) "Department" means the department of labor.
(3) "Domestic violence" means abuse as defined in K.S.A. 60-3102, 
and amendments thereto.
(4) "Earned paid sick time" means time that is compensated at the 
same hourly rate and with the same benefits, including healthcare benefits, 
as the employee normally earns during hours worked and is provided by 
an employer to an employee for the purposes described in section 3, and 
amendments thereto, but in no case shall this hourly amount be less than 
what is required pursuant to K.S.A. 44-1203, and amendments thereto.
(5) "Employee" means any individual employed in this state by an 
employer. "Employee" does not include any individual:
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(A) Engaged in the activities of an educational, charitable, religious 
or nonprofit organization in which the employer-employee relationship 
does not, in fact, exist or the services rendered to the organization are on a 
voluntary basis;
(B) standing in loco parentis to foster children in such individual's 
care;
(C) employed for less than four months in any year in a resident or 
day camp for children or youth, or any individual employed by an 
educational conference center operated by an educational, charitable or 
not-for-profit organization;
(D) engaged in the activities of an educational organization in which 
employment by the organization is in lieu of the requirement that the 
individual pay the cost of tuition, housing or other educational fees of the 
organization or in which earnings of the individual employed by the 
organization are credited toward the payment of the cost of tuition, 
housing or other educational fees of the organization;
(E) employed on or about a private residence on an occasional basis 
for six hours or less on each occasion;
(F) employed on a casual basis to provide baby-sitting services;
(G) employed by an employer subject to the provisions of part A of 
subtitle IV of title 49, United States Code, 49 U.S.C. §§ 10101 et seq.;
(H) employed on a casual or intermittent basis as a golf caddy, 
newsboy or similar occupation;
(I) who is employed in any government position defined in 29 U.S.C. 
§§ 203(e)(2)(C)(i)-(ii);
(J) employed by a retail or service business whose annual gross 
volume sales or business is less than $5,000;
(K) who is an inmate, as defined in K.S.A. 75-5202, and amendments 
thereto, in any correctional facility operated by the department of 
corrections, including offenders who provide labor or services on the 
grounds of such correctional facility; or
(L) described by the provisions of section 29 U.S.C. § 213(a)(8).
(6) "Employer" means any person acting directly or indirectly in the 
interest of an employer in relation to an employee. "Employer" does not 
include the United States government, the state or a political subdivision 
of the state, including a department, agency, officer, bureau, division, 
board, commission or instrumentality of the state or a county, city, town, 
village, school district, public higher education institution or other political 
subdivision of the state.
(7) "Family member" means any of the following individuals:
(A) Regardless of age, a biological, adopted or foster child, stepchild 
or legal ward, a child of a domestic partner, a child to whom the employee 
stands in loco parentis or an individual to whom the employee stood in 
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loco parentis when the individual was a minor;
(B) a biological, foster, stepparent or adoptive parent or legal 
guardian of an employee or an employee's spouse or domestic partner or 
an individual who stood in loco parentis when the employee or employee's 
spouse or domestic partner was a minor child;
(C) an individual to whom the employee is legally married under the 
laws of any state, a domestic partner who is registered as such under the 
laws of any state or political subdivision or an individual with whom the 
employee is in a continuing social relationship of a romantic or intimate 
nature;
(D) a grandparent, grandchild or sibling, whether of a biological, 
foster, adoptive or step relationship, of the employee or the employee's 
spouse or domestic partner; or
(E) a person for whom the employee is responsible for providing or 
arranging health or safety-related care, including, but not limited, to 
helping such person to obtain diagnostic, preventative, routine or 
therapeutic health treatment or ensuring that such person is safe following 
domestic violence, sexual assault or stalking.
(8) "Healthcare professional" means any individual licensed under 
federal or any state law to provide medical or emergency services, 
including, but not limited to, doctors, nurses, certified nurse midwives, 
mental health professionals and emergency room personnel.
(9) "Person" means any individual, partnership, association, 
corporation, business, business trust, legal representative or any organized 
group of persons.
(10) "Retaliatory personnel action" means denial of any right 
guaranteed under this act, or any threat, discharge, suspension, demotion, 
reduction of hours or any other adverse action against an employee for the 
exercise of any right guaranteed in this act. "Retaliatory personnel action" 
includes any interference with or punishment for, in any manner, 
participating in or assisting an investigation, proceeding or hearing under 
this act.
(11) "Same hourly rate" means the following:
(A) For employees paid on the basis of a single hourly rate, the same 
hourly rate shall be the employee's regular hourly rate;
(B) for employees who are paid multiple hourly rates of pay from the 
same employer, the same hourly rate shall be consistently throughout the 
entire year, either:
(i) The wages that the employee would have been paid, calculated by 
the hours that such employee was absent while using earned paid sick 
time, if the employee had worked; or
(ii) the weighted average of all hourly rates of pay during the 
previous pay period;
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(C) for employees who are paid a salary, the same hourly rate shall be 
determined by dividing the wages that the employee earns in the previous 
pay period by the total number of hours worked during the previous pay 
period. For determining total number of hours worked during the previous 
pay period, employees who are exempt from overtime requirements under 
29 U.S.C. § 213(a)(1) shall be assumed to work 40 hours in each work 
week unless any such employee's normal work week is less than 40 hours, 
in which case, earned paid sick time shall accrue and the same hourly rate 
shall be calculated based on the employee's normal work week. Regardless 
of the basis used, the same hourly rate shall not be less than the effective 
minimum wage specified in K.S.A. 44-1203, and amendments thereto;
(D) for employees paid on a piece rate or a fee-for-service basis, the 
same hourly rate shall be a reasonable calculation of the wages or fees that 
the employee would have received for the piece work, service or part 
thereof, if the employee had worked. Regardless of the basis used, the 
same hourly rate shall not be less than the effective minimum wage 
specified in K.S.A. 44-1203, and amendments thereto;
(E) for employees who are paid on a commission basis, whether base 
wage plus commission or commission only, the same hourly rate shall be 
the greater of the base wage or the effective minimum wage specified in 
K.S.A. 44-1203, and amendments thereto; and
(F) for employees who receive and retain compensation in the form 
of gratuities in addition to wages, the same hourly rate shall be the greater 
of the employee's regular hourly rate or 100% of the effective minimum 
wage specified in K.S.A. 44-1203, and amendments thereto, without 
deduction of any tips as a credit.
(12) "Secretary" means the secretary of labor.
(13) "Sexual assault" means the same as defined in K.S.A. 60-31a02, 
and amendments thereto.
(14) "Stalking" means the same as defined in K.S.A. 60-31a02, and 
amendments thereto.
(15) "Year" means a regular and consecutive 12-month period as 
determined by the employer, except that for the purposes of sections 6 and 
10, and amendments thereto, "year" means a calendar year.
Sec. 2. (a) Employees of an employer with 15 or more employees 
shall accrue a minimum of one hour of earned paid sick time for every 30 
hours worked, except that such employees shall not be entitled to use more 
than 56 hours of earned paid sick time per year, unless the employer 
selects a higher limit.
(b) Employees of an employer with fewer than 15 employees shall 
accrue a minimum of one hour of earned paid sick time for every 30 hours 
worked, except that such employees shall not be entitled to use more than 
40 hours of earned paid sick time per year, unless the employer selects a 
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higher limit.
(c) (1) In determining the number of employees of an employer, all 
employees performing work in the state for an employer for compensation 
on a full-time, part-time or temporary basis shall be counted. 
(2) (A) In situations in which the number of employees performing 
work in the state for an employer for compensation per week fluctuates 
above and below 15 employees per week over the course of one year, an 
employer is required to provide earned paid sick time pursuant to 
subsections (a) and (b) if such employer maintained 15 or more employees 
in the state on the payroll for some portion of a working day in each of 20 
or more different calendar weeks, including any periods of leave.
(B) The provisions of subparagraph (A) shall apply whether or not 
the weeks were consecutive, in either the current or the preceding year, 
regardless of whether the same employees were in employment in each 
working day.
(d) All employees shall accrue earned paid sick time as follows:
(1) Earned paid sick time as provided in this section shall begin to 
accrue at the commencement of employment or January 1, 2026, 
whichever is later. An employee shall be entitled to use earned paid sick 
time as it is accrued. An employer may provide all earned paid sick time 
that an employee is expected to accrue in a year at the beginning of the 
year.
(2) (A) Employees who are exempt from overtime requirements 
under 29 U.S.C. § 213(a)(1) shall be assumed to work 40 hours in each 
work week for purposes of earned paid sick time accrual.
(B) The provisions of subparagraph (A) shall not apply if the normal 
work week is less than 40 hours, in which case, earned paid sick time 
accrues based upon such normal work week.
(3) (A) Up to 80 hours of earned paid sick time shall be carried over 
to the following year if the employee has any unused accrued earned paid 
sick time at the end of the year, except that an employer shall not be 
required to permit an employee to use more than the applicable number of 
hours of earned paid sick time per year as set forth in subsections (a) and 
(b).
(B) Alternatively, in lieu of carryover of unused earned paid sick time 
from one year to the next, an employer may:
(i) Pay an employee for unused earned paid sick time at the end of a 
year that otherwise could be carried over; and
(ii) provide an employee with an amount of paid sick time that meets 
or exceeds the requirements of this act and that is available for the 
employee's immediate use at the beginning of the subsequent year.
(4) (A) If an employee is transferred to a separate division, entity or 
location, but remains employed by the same employer, the employee is 
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entitled to:
(i) All earned paid sick time accrued at the prior division, entity or 
location; and
(ii) use all earned paid sick time as provided in this section.
(B) When there is a separation from employment and the employee is 
rehired within nine months of separation by the same employer:
(i) Previously accrued earned paid sick time that had not been used 
shall be reinstated; and 
(ii) the employee shall be entitled to use such accrued earned paid 
sick time and accrue additional earned paid sick time at the 
recommencement of employment.
(5) When a different employer succeeds or takes the place of an 
existing employer, all employees of the original employer who remain 
employed by the successor employer are entitled to all earned paid sick 
time that each accrued while employed by the original employer and use 
such earned paid sick time previously accrued.
(6) An employer may loan earned paid sick time to an employee in 
advance of accrual by such employee.
(e) Any employer with a paid leave policy, such as a paid time off 
policy, who makes available an amount of paid leave that is sufficient to 
meet the accrual requirements of this section and may be used for the same 
purposes and under the same conditions as earned paid sick time under this 
act is not required to provide additional paid sick time under this section.
(f) Except as specifically provided in this section, nothing in this 
section shall be construed as requiring an employer to provide financial or 
other reimbursement to an employee for accrued earned paid sick time that 
has not been used upon such employee's termination, resignation, 
retirement or other separation from employment.
(g) Employees shall not accrue earned paid sick time before January 
1, 2026.
(h) The department may develop model posters and notices, engage 
in rulemaking, initiate outreach programs and engage in other activities for 
the implementation of the provisions of this act before January 1, 2026.
Sec. 3. (a) Earned paid sick time shall be provided to an employee by 
an employer for any of the following:
(1) (A) An employee's mental or physical illness, injury or health 
condition;
(B) an employee's need for medical diagnosis, care or treatment of a 
mental or physical illness, injury or health condition; and
(C) an employee's need for preventative medical care;
(2) (A) care of a family member with a mental or physical illness, 
injury or health condition;
(B) care of a family member who needs medical diagnosis, care or 
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treatment of a mental or physical illness, injury or health condition; and
(C) care of a family member who needs preventative medical care;
(3) (A) closure of the employee's place of business by order of a 
public official due to a public health emergency; and
(B) an employee's need to care for:
(i) A child whose school or place of care has been closed by order of 
a public official due to a public health emergency; or
(ii) oneself or a family member if it has been determined by the 
health authorities having jurisdiction or by a healthcare provider that the 
employee's or family member's presence in the community may jeopardize 
the health of others because of such employee's or family member's 
exposure to a communicable disease, whether or not such employee or 
family member has actually contracted the communicable disease; and
(4) absence necessary due to domestic violence, sexual assault or 
stalking if the leave is to allow the employee to obtain for the employee or 
the employee's family member:
(A) Medical attention needed to recover from physical or 
psychological injury or disability caused by domestic violence, sexual 
assault or stalking;
(B) services from a victim services organization;
(C) psychological or other counseling;
(D) relocation or taking steps to secure an existing home due to the 
domestic violence, sexual assault or stalking; or
(E) legal services, including preparing for or participating in any civil 
or criminal legal proceeding related to or resulting from the domestic 
violence, sexual assault or stalking.
(b) Earned paid sick time shall be provided upon the request of an 
employee. Such request may be made orally, in writing, by electronic 
means or by any other means acceptable to the employer. When possible, 
the request shall include the expected duration of the absence.
(c) If the use of earned paid sick time is foreseeable, the employee 
shall make a good faith effort to provide notice of the need for such time to 
the employer in advance of the use of the earned paid sick time and make a 
reasonable effort to schedule the use of earned paid sick time in a manner 
that does not unduly disrupt the operations of the employer. If such a need 
is not foreseeable, an employer may require an employee to provide notice 
of the need for the use of earned paid sick time as soon as practicable.
(d) An employer that requires notice of the need to use earned paid 
sick time for a need that is not foreseeable shall provide a written policy 
that contains procedures for the employee to provide notice. An employer 
that has not provided to the employee a copy of its written policy for 
providing such notice shall not deny earned paid sick time to the employee 
based on noncompliance with such a policy.
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(e) An employer shall not require, as a condition of an employee's 
taking earned paid sick time, that the employee search for or find a 
replacement worker to cover the hours during which the employee is using 
earned paid sick time.
(f) Earned paid sick time may be used in the smaller of hourly 
increments or the smallest increment that the employer's payroll system 
uses to account for absences or use of other time.
(g) For earned paid sick time of three or more consecutive work days, 
an employer may require reasonable documentation that the earned paid 
sick time has been used for a purpose covered by subsection (a).
(1) Documentation signed by a healthcare professional indicating that 
earned paid sick time is necessary shall be considered reasonable 
documentation for purposes of this section.
(2) In cases of domestic violence, sexual assault or stalking, if the 
employer so requests, one of the following types of documentation 
selected by the employee shall be considered reasonable documentation:
(A) A police report indicating that the employee or the employee's 
family member was a victim of domestic violence, sexual assault or 
stalking;
(B) a written statement from an employee or agent of a victim service 
provider affirming that the employee or employee's family member is or 
was receiving services from a victim service provider;
(C) documentation signed by a healthcare professional from whom 
the employee or employee's family member sought assistance relating to 
domestic violence, sexual assault or stalking or the effects thereof;
(D) a court document indicating that an employee or employee's 
family member is or was involved in a legal action related to domestic 
violence, sexual assault or stalking; or
(E) a written statement from the employee affirming that the 
employee or employee's family member is taking or took earned paid sick 
time for a qualifying purpose under subsection (a).
(3) An employer shall not require that the documentation explain the 
nature of the illness, details of the underlying health needs or the details of 
the domestic violence, sexual assault or stalking, unless otherwise required 
by law.
Sec. 4. (a) It shall be unlawful for an employer or any other person to 
interfere with, restrain or deny the exercise of or the attempt to exercise 
any right protected under this act.
(b) (1) An employer shall not take retaliatory personnel action or 
discriminate against an employee or former employee because the 
individual has exercised rights protected under this act.
(2) Such rights shall include, but not be limited to, the right to:
(A) Request or use earned paid sick time pursuant to this act;
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(B) file a complaint or inform any person regarding any employer's 
alleged violation of this act;
(C) participate in any investigation, hearing or proceeding or 
cooperate with or assist the department in any investigations of alleged 
violations of this act; and
(D) inform any person of such person's rights under this act.
(c) It shall be unlawful for an employer's absence control policy to 
count earned paid sick time taken under this act as an absence that could 
lead to or result in discipline, discharge, demotion, suspension or any other 
adverse action.
(d) Protections of this section shall apply to any individual who 
mistakenly but in good faith alleges violations of this act.
Sec. 5. (a) (1) Employers shall give employees a written policy 
regarding earned paid sick time within 14 calendar days of the 
commencement of employment or on December 15, 2025, whichever is 
later. Such notice shall include the following information:
(A) Beginning on January 1, 2026, employees accrue and are entitled 
to earned paid sick time at the rate of one hour of earned paid sick time for 
every 30 hours of work and may use earned paid sick time, subject to the 
limits and terms under this act;
(B) it is prohibited for an employer to take retaliatory personnel 
action against employees who request or use earned paid sick time as 
allowed by this act; and
(C) each employee has the right to bring a civil action if earned paid 
sick time as required by this act is denied by the employer or the employee 
is subjected to retaliatory personnel action by the employer for exercising 
such employee's rights under this act.
(2) The contact information for the department shall be provided by 
the employer to the employee on a single sheet of paper at least 8.5" x 11" 
and printed, in no less than 14-point font.
(b) Beginning on January 1, 2026, employers shall display a poster 
that contains the information required in subsection (a) in a conspicuous 
and accessible place in each establishment where such employees are 
employed if such poster has been made available by the department.
(c) The department may create and make available to employers 
model notices and posters that contain the information required under 
subsection (a) for employers to use in complying with the requirements of 
subsections (a) and (b). Nothing in this subsection shall be interpreted to 
require the department to create or make available notices or posters if the 
department requires the appropriation of funds to cover the costs of 
creating or making such notices.
Sec. 6. (a) Employers shall: 
(1) Retain records documenting hours worked by employees and 
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earned paid sick time taken by employees for a period of not less than 
three years; and
(2) allow the department access to such records, with appropriate 
notice and at a mutually agreeable time, to monitor compliance with the 
requirements of this act.
(b) (1) To the extent permitted by law, the secretary may inspect such 
records, and such records shall be open for inspection by the secretary by 
appointment.
(2) If the records required under this section are kept outside the state, 
such records shall be made available to the secretary upon demand.
(3) Upon demand, every employer shall furnish to the secretary a 
sworn statement of time records and information upon forms prescribed or 
approved by the secretary.
(4) All the records and information obtained by the department are 
confidential and shall be disclosed only on order of a court of competent 
jurisdiction. The provisions of this paragraph shall expire on June 30, 
2030, unless the legislature acts to reenact such provisions. The provisions 
of this paragraph shall be reviewed by the legislature prior to July 1, 2030.
(c) Nothing in this section shall be interpreted to require the 
department to access or inspect records or create forms relating to the 
inspection of records if the department requires the appropriation of funds 
to cover the costs of accessing or inspecting such records or creating such 
forms.
Sec. 7. The secretary may adopt rules and regulations to implement 
the provisions of this act.
Sec. 8. (a) The department may:
(1) Investigate the compliance of this act;
(2) establish and implement a system to receive complaints regarding 
noncompliance with this act;
(3) investigate and attempt to resolve complaints between the 
complainant and the subject of the complaint; and
(4) establish additional means of enforcement, including, but not 
limited to:
(A) Requiring by subpoena the testimony of witnesses and the 
production of books, records and other evidence related to any matter 
under investigation or hearing; and
(B) issuing notices of violation, holding hearings on notices of 
violation, making determinations, recovering unpaid earned paid sick time 
and imposing fines for willful violations of up to $500 per day of each day 
of a continuing violation.
(b) A final order of the department shall be subject to the provisions 
of the Kansas administrative procedure act.
(c) The department may develop and implement an outreach program 
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to inform employees, parents and persons who are under the care of a 
healthcare provider regarding the availability of earned paid sick time 
under this act. Such program may include the distribution of notices and 
other written materials to child care and elder care providers, domestic 
violence shelters, schools, hospitals, community health centers and other 
healthcare providers in Kansas.
(d) (1) A municipality, county, city, town or village may adopt 
ordinances, rules and regulations to:
(A) Investigate and ascertain compliance with this act;
(B) establish and implement a system to receive complaints regarding 
noncompliance with this act;
(C) investigate and attempt to resolve complaints between the 
complainant and the subject of the complaint; and
(D) establish additional means of enforcement among employers 
located within or employees performing work while physically present in 
the geographic boundaries of the municipality, county, city, town or 
village.
(2) (A) Any such ordinance, rule or regulation shall be consistent 
with this act and any department rules and regulations or policies.
(B) The municipality, county, city, town or village may exercise such 
powers as allowed by any applicable ordinance, rule or regulation 
including requiring by subpoena the testimony of witnesses and the 
production of books, records and other evidence related to any matter 
under investigation or hearing, issuing notices of violation, holding 
hearings on notices of violation, making determinations, recovering unpaid 
earned sick time and imposing fines for willful violations of up to the 
maximum allowed for an ordinance violation.
(C) (i) Before investigating or seeking to resolve any complaint 
between the complainant and the subject of the complaint, the 
municipality, county, city, town or village shall give notice to the 
department and provide a copy of the complaint within 14 days of such 
notice.
(ii) The department may intervene and participate in the matter to 
ensure that a complaint is being investigated and resolved in the interest of 
effective enforcement of this act or, alternatively, the department may 
institute its own proceedings, in which case, the municipality, county, city, 
town or village shall cease from acting on such matter so long as the 
complaint is being investigated and resolved in the interest of effective 
enforcement of this act.
(D) If the department does not, within 14 days of receiving a copy of 
the complaint intervene or instigate its own proceedings, the municipality, 
county, city, town or village may, without the department, investigate and 
attempt to resolve the complaint and take additional means within its 
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power to enforce this act against the subject of the complaint that is found 
to not be complying with this act. In no event shall an employer be subject 
to compliance proceedings arising out of a single set of facts after having 
already been subjected to a final compliance order by another 
governmental entity.
(e) Nothing in this section shall be interpreted to require the 
department, a municipality, county, city, town or village to conduct 
investigations and ascertain compliance with this act, establish and 
implement a system to receive or resolve complaints, establish additional 
means of enforcement or conduct outreach and education, including the 
creation of notices and other written materials concerning this act if such 
actions require the appropriation of funds to cover the costs of such 
actions.
Sec. 9. (a) Any employer who willfully violates or fails to comply 
with any of the provisions and requirements of this act shall be guilty of a 
class C nonperson misdemeanor.
(b) For purposes of this section, each day of violation or failure to 
comply and each employee affected shall constitute a separate offense.
Sec. 10. (a) Any individual who claims to have been aggrieved by a 
failure of an employer to comply with any portion of this act, including, 
but not limited to, the failure to provide earned paid sick time or allow 
employees to use such time consistent with this act, or who claims to have 
suffered a retaliatory personnel action shall have a right of action and may 
commence a civil action in the appropriate court of jurisdiction within 
three years of the accrual of the cause of action to obtain appropriate relief 
with respect to such unlawful violation. Such action may be brought 
without first filing an administrative complaint.
(b) In a civil action under this section, if the court finds a violation 
has occurred, the court may grant as relief, as it deems appropriate and to 
the extent permitted by law:
(A) Any permanent or temporary injunction;
(B) the full amount of any unpaid earned paid sick time, plus any 
actual damages suffered as the result of the employer's violation of this 
act;
(C) an additional amount equal to two times any unpaid earned paid 
sick time as liquidated damages, costs and reasonable attorney fees as may 
be allowed by the court; and
(D) other legal or equitable relief as may be appropriate to remedy the 
violation, including, without limitation, reinstatement to employment and 
back pay.
Sec. 11. (a) Except as otherwise required by law, an employer shall 
not require disclosure of details relating to an employee's or an employee's 
family member's health information, domestic violence, sexual assault or 
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stalking as a condition of providing earned paid sick time under this act.
(b) Unless as otherwise required by law, any health or safety 
information possessed by an employer regarding an employee or 
employee's family member shall:
(1) Be maintained on a separate form and in a separate file from other 
personnel information;
(2) be treated as confidential medical records; and
(3) not be disclosed except to the affected employee or with the 
express written permission of the affected employee.
Sec. 12. (a) With respect to employees covered by a valid collective 
bargaining agreement in effect on July 1, 2025, no provision of this act 
shall apply until the stated expiration date in the collective bargaining 
agreement, except that the provisions of this act shall apply upon any such 
agreement's renewal, extension, amendment or modification in any respect 
after July 1, 2025.
(b) Nothing in this act shall be deemed to interfere, impede or 
otherwise diminish the right of employees to bargain collectively through 
representatives of their own choosing in order to establish earned paid sick 
time or other conditions of work in excess of the applicable minimum 
standards under the provisions of this act.
(c) Any waiver by an employee of rights under this act shall be 
deemed contrary to public policy and shall be void.
Sec. 13. Nothing in this act shall be construed: 
(a) To discourage or prohibit an employer from the adoption or 
retention of an earned paid sick time policy that provides greater benefits 
than provided in this act;
(b) as diminishing the obligation of an employer to comply with any 
contract, collective bargaining agreement, employment benefit plan or 
other agreement providing more paid sick time to an employee than 
required by this act; or
(c) as diminishing the rights of public employees regarding paid sick 
time or use of paid sick time as provided in the laws of Kansas and 
ordinances of political subdivisions pertaining to public employees.
Sec. 14. (a) This act provides minimum requirements pertaining to 
earned paid sick time and shall not be construed to preempt, limit or 
otherwise affect the applicability of any other law, regulation, requirement, 
policy or standard that provides for greater accrual or use by employees of 
earned paid sick time or that extends other protections to employees.
(b) Nothing in this act shall be interpreted or applied to create a 
power or obligation contrary to any federal law, rule or regulation.
Sec. 15. If any provision or clause of this act or application thereof to 
any person or circumstance is held invalid, such invalidity shall not affect 
other provisions or applications of this act that can be given effect without 
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the invalid provision or application, and to this end, the provisions of this 
act are declared to be severable.
Sec. 16. This act shall take effect and be in force from and after its 
publication in the statute book.
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