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Kansas Labor Laws Breaks



Labor Laws on Rest Periods in Kansas

Kansas Labor Laws: Breaks

Kansas labor laws on breaks are few in number and do not state that an employer needs to give breaks to a person over the age of 16.  There are certain provisions for mothers that are breastfeeding under state law and federal law, and there are federal laws for labor unions and those practicing in a certain occupations.  Some Kansas labor law on breaks is discussed in this article.  

Specific Kansas Labor Laws: Breaks for Breastfeeding Mothers

There is no specific Kansas labor law on breaks for breastfeeding mothers, but federal law allow mothers to take a break in order to express breast milk.  These breaks usually have to correspond with other breaks provided to employees, and the employer must provide a clean and private place for the mother besides a bathroom.  

Apart from Kansas labor law on breaks, §65-1,248 of the state’s statutes gives specific rights to a mother: 

“Breast milk is widely acknowledged to be the most complete form of nutrition for infants, with a range of benefits for infant’s health, growth, immunity and development and has also been show to improve maternal health and bonding in addition to contributing to society at large through economic and environmental gains, it is therefore the public policy of Kansas that a mother’s choice to breastfeed should be supported and encouraged to the greatest extent possible.” 

The law also states a mother has a right to breastfeed in any location she has a right to be, so this law directly impacts Kansas labor law on breaks unless the breastfeeding directly obstructs the flow of productivity.  

Child Labor and Kansas Labor Laws on Breaks

Under federal law, a minor cannot work more than 5 hours without receiving a 30-minute, unpaid break.  Additionally, §38-603 of the Kansas labor laws on breaks under the legislature states that no child under the age of 16 can work before 7 a.m. or after 10 p.m. except on an evening that not precede a school day.  

§38-603 does not apply to student-learners who are enrolled in a study and/or training in a cooperative vocational training program that is recognized by the state or local educational authority.  If the training falls outside of the allowed times to work, the training must meet the best interests of the minor.

Additionally, a minor under the age of 16 cannot work more than 8 hours a day or 40 hours a week under this Kansas labor law on breaks.  

According to §38-601 of the Kansas labor laws on breaks, children under the age of 14 do not have to receive breaks because they are not allowed to work in any occupation or trade except as provided in §38-614.  This section of Kansas labor law on breaks states the that children under the age of 14 may be employed by their parents in nonhazardous occupations like: 

• domestic service

• casual labor around the home

• delivery or messenger 

• newspaper distribution

• agricultural employment

• as actors or actresses

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