Kansas Voting Leave Law 101
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09/30/2020
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By: Morgan Geffre
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With
elections
looming
on
November
3,
it
is
important
for
employers
to
prepare
for
leave
requests
associated
with
voting.
Federal
law
does
not
require
employers
to
provide
leave
to
vote,
but
most
states
do,
especially
when
work
hours
do
not
allow
sufficient
time
to
vote
while
the
polls
are
open.
Laws
also
vary
between
states
on
the
amount
of
time,
whether
notice
is
required,
whether
the
time
is
paid,
and
whether
the
employer
can
dictate
which
hours
the
employee
may
take
leave
to
vote.
In
Kansas,
employees
are
entitled
to
two
consecutive
hours
of
paid
time
to
vote.
However,
outside
the
lunch
break,
employers
may
specify
when
the
two-hour
period
may
be
taken
and
can
require
that
the
two-hour
period
be
taken
prior
to
or
after
an
employee’s
regular
working
hours.
For
example,
if
the
polls
are
open
from
7:00
am
to
7:00
pm
and
the
employee’s
scheduled
shift
is
from
8:00
am
to
5:00
pm,
the
employer
does
not
have
to
provide
paid
leave
because
the
employee
has
two
consecutive
hours
after
work
to
vote.
Any
employer
who
intentionally
obstructs
an
employee
from
voting
or
imposes
a
penalty
on
an
employee
who
takes
leave
to
vote
is
subject
to
a
class
A
misdemeanor.
One
developing
area
of
voting
leave
law
is
how
employers
handle
the
greater
flexibility
in
voting.
If
the
employee
has
the
option
to
vote
in
advance
or
by
mail,
does
the
employee
still
qualify
for
leave?
Kansas
has
not
yet
addressed
this
question,
but
Continue Reading...
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Is It Time to Update Your Parental Leave Policy?
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04/23/2019
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By: Sarah Otto
|
According
to
the
United
States
Department
of
Labor
(DOL),
nine
out
of
10
new
fathers
in
the
United
States
took
some
time
off
work
for
the
birth
or
adoption
of
a
child,
but
the
amount
of
time
that
new
dads
take
off
work
is
generally
very
low.
Seven
out
of
10
fathers
took
10
days
or
less
of
parental
leave.
The
DOL
notes
that
fewer
employers
offer
paid
parental
leave
for
men
than
for
women,
and
fewer
men
report
receiving
paid
parental
leave
than
women.
While
21%
of
women
take
parental
leave,
only
13%
of
men
do
the
same.
Updating
your
parental
leave
policy
to
offer
leave
for
new
dads
could
be
good
for
your
business.
A
recent
study
by
Ernst
&
Young
found
that
83%
of
millennials
would
be
more
likely
to
join
a
company
that
offered
paternity
leave.
Additionally,
the
Council
of
Economic
Advisers
found
that
allowing
more
expansive
parental
leave
improved
an
employer’s
recruitment
and
retention
of
employees
and
also
improved
employee
motivation
and
productivity.
Many
companies
are
taking
note:
Netflix
is
offering
“unlimited”
paternity
leave
for
fathers
and
mothers
during
the
child’s
first
year.
Microsoft
offers
12
weeks
of
paid
leave
for
mothers
and
fathers,
Ford
Motor
Company
offers
eight
weeks
paid
leave,
and
Amazon
gives
all
parents
six
weeks
of
paid
leave.
Ensuring
your
parental
leave
policy
complies
with
the
Equal
Pay
Act,
Title
VII,
and
the
Family
Medical
Continue Reading...
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|
Should You Let Employees Buy and Sell PTO?
|
06/12/2013
|
By: Boyd Byers
|
School
is
out,
summer
is
upon
us,
and
many
workers
soon
will
be
taking
vacations.
With
visions
of
sandy
beaches,
national
parks,
and
Wally
World
(Chevy
Chase's
destination
in
the
movie
Vacation)
dancing
in
our
heads,
now
is
a
good
time
to
take
stock
of
your
vacation
or
paid
time
off
(PTO)
policy.
More
employers
are
allowing
workers
to
buy
and
sell
vacation
time,
according
to
a
Society
for
Human
Resource
Management
study.
The
study
shows
that
52
percent
of
employers
(up
from
42
percent
in
2009)
now
offer
PTO
plans
that
combine
vacation
time,
sick
leave,
and
personal
days
into
one
comprehensive
plan,
to
give
employees
more
flexibility
in
managing
their
time
off.
Of
these,
almost
20
percent
offered
a
cash-out
option.
And
five
percent
of
all
employers
are
taking
the
more-novel
approach
of
letting
workers
buy
more
vacation
time
through
a
payroll
deduction.
Could
such
a
policy
provide
a
low-cost
perk
to
help
with
employee
recruitment
and
retention,
and
improve
more
morale
and
productivity,
at
your
organization?
Give
it
some
thought.
But
be
sure
to
work
with
an
experienced
employment
lawyer
to
help
develop
such
a
program
before
you
roll
it
out,
to
ensure
you
don’t
run
afoul
of
some
tricky
wage
payment
law
and
tax
law
issues
these
policies
present
(“constructive
receipt”
and
“condition
subsequent”
anyone?).
|
|
Can You Make Your Employees Give More Notice Than the Pope?
|
03/13/2013
|
By: Boyd Byers
|
Pope
Benedict
XVI
recently
did
something
no
pontiff
has
done
for
600
hundred
years:
He
resigned.
And
when
he
did,
he
provided
the
Catholic
Church
with
only
two
weeks’
notice
of
his
departure.
Employees
often
leave
their
employer
with
little
or
no
notice. This
can
leave
the
organization
in
a
lurch,
particularly
if
the
employee
holds
a
key
position,
has
a
unique
skill
set,
or
has
institutional
knowledge
others
lack.
Employers
sometimes
ask
whether
they
can
require
their
employees
to
give
advance
notice
before
they
quit. But
perhaps
the
more-important
question
is:
Do
you
really
want
to?
Absent
an
agreement
to
the
contrary,
employment
in
Kansas
is
at
will.
This
means
that
either
the
employer
or
the
employee
can
end
the
employment
relationship
at
any
time,
for
any
or
no
reason,
with
or
without
notice.
Employers
are
typically
happy
about
this
arrangement.
So
think
twice
and
get
legal
counsel
before
imposing
a
rule
requiring
employees
to
give
two
weeks
or
other
advance
notice
of
resignation,
as
this
may
trigger
a
reciprocal
obligation
to
pay
employees
for
the
same
notice
period
when
you
let
them
go,
or
otherwise
alter
the
at-will
nature
of
the
relationship.
If
you
do
decide
to
enter
into
a
contract
with
an
executive
or
other
key
employee
that
requires
advance
notice
of
resignation,
consider
whether
and
how
you
will
enforce
the
provision
if
the
employee
welches
on
the
deal. Remember
that
the
Kansas
Wage
Payment
Act
(KWPA)
prohibits
withholding
an
employee’s
earned
wages
as
a
set
off
or
credit
toward
other
debts
the
employee
Continue Reading...
|
|
IRS Authorizes Leave-Based Donation Programs to Benefit Hurricane Sandy Victims
|
11/08/2012
|
By: Jason Lacey
|
In
new
guidance,
the
IRS
has
provided
tax
relief
for
leave-based
donation
programs
established
to
aid
victims
of
Hurricane
Sandy.
Similar
guidance
was
provided
after
the
September
11,
2001
terrorist
attacks
and
after
Hurricane
Katrina
in
2005.
Under
a
leave-based
donation
program,
an
employer
allows
employees
to
elect
to
forego
paid
leave
time
(e.g.,
vacation,
sick,
or
personal
leave),
and
the
employer
then
donates
the
value
of
the
foregone
leave
to
a
charitable
organization.
The
guidance
clarifies
that
employees
will
not
have
taxable
wage
income
solely
because
they
make,
or
have
the
right
to
make,
an
election
to
donate
leave
under
a
qualifying
leave-based
donation
program.
Employers
are
allowed
a
full
deduction
for
the
donations,
without
regard
to
the
percentage
limitations
on
charitable
contributions.
To
qualify
for
this
treatment,
payments
of
foregone
leave
time
must
be
made:
- To
a
qualifying
charitable
organization.
- For
the
relief
of
victims
of
Hurricane
Sandy.
- Before
January
1,
2014.
Employees
who
elect
to
participate
in
a
leave-based
donation
program
may
not
claim
a
charitable
contribution
deduction
for
the
value
of
the
foregone
leave.
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Editors
Don Berner, the Labor Law, OSHA, & Immigration Law Guy
Boyd Byers, the General Employment Law Guy
Jason Lacey, the Employee Benefits Guy
Additional Sources

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