Every employer doing business in Kansas must report each newly hired or rehired employee to the Kansas New Hire Directory within 20 days of the hire date. That single rule is the core of Kansas new hire reporting requirements, and the rest is detail: what to collect, how to send it, and what happens if you don’t.
Who Has to Report
The obligation reaches almost every employer in the state. Individuals, sole proprietors, partnerships, LLCs, corporations, government agencies, and nonprofits all qualify if they are legally doing business in Kansas and paying wages. A one-person shop hiring a single part-time worker has the same duty as a company with thousands of employees.
Which Workers You Report
You report any newly hired employee and any employee returning to work after a separation, full-time or part-time, as long as they receive a W-2. The date of hire is the first day the employee performs services for wages or other compensation, not the offer date and not the day they signed onboarding paperwork.
Independent contractors are the main exception. Kansas does not require employers to report 1099 contractors as new hires.1Office of Child Support Enforcement. State New Hire Reporting – Kansas Some other states do, so if you have workers in more than one state, check each state’s rule separately.
What Information Goes on the Report
Kansas uses form K-CNS 436 for new hire reporting.2State of Kansas Department of Labor. Employer Forms You need two sets of data.
For the employee:
- Full legal name (first, middle, last)
- Social Security number
- Current residential address
- Date of hire (the first day services were performed for pay)
For the employer:
- Business legal name
- Business address where payroll records are kept
- Federal Employer Identification Number (FEIN)
Multi-state employers who have designated Kansas as their reporting state also include the state of hire. Employer phone, fax, and email are optional but useful if the state needs to reach you about an income withholding order.1Office of Child Support Enforcement. State New Hire Reporting – Kansas Nearly all the employee data comes straight from the W-4 the worker completes on day one, so no separate intake form is needed.
The 20-Day Deadline
The deadline is 20 calendar days from the employee’s hire date.3Office of the Law Revision Counsel. United States Code Title 42 – 653a State Directory of New Hires The clock starts the first day the employee actually works for pay.
Employers who file electronically can use a different schedule: two transmissions per month, spaced no fewer than 12 and no more than 16 days apart.3Office of the Law Revision Counsel. United States Code Title 42 – 653a State Directory of New Hires That option works well for larger employers running batched payroll, but no individual hire can slip past the 20-day window between transmissions.
How to File
Kansas accepts reports three ways:
- Online through the Kansas New Hire Directory website, either by uploading a file or entering data manually in the secure portal.
- By mail to Kansas New Hire Directory, P.O. Box 3510, Topeka, KS 66601-3510.4State of Kansas Department of Labor. New Hire Reporting
- By fax to 888-219-7798.4State of Kansas Department of Labor. New Hire Reporting
Federal law also allows you to submit a copy of the employee’s W-4 or an equivalent document in place of a state-specific form.3Office of the Law Revision Counsel. United States Code Title 42 – 653a State Directory of New Hires Save the confirmation you receive and keep a copy of what you submitted in your personnel files. Those records are your proof of compliance if the state audits you.
Penalties for Missing or False Reports
Kansas imposes a $25 civil fine for each failure to report. If an employer and employee conspire to submit false information or skip reporting entirely, the penalty rises to $500 per occurrence. A single miss is a small bill. An employer who ignores the requirement across many hires can face a sizable one when the state catches up.
What Happens After You Report
The data doesn’t just sit in a database. The state cross-references new hire reports against child support case files, unemployment claims, and workers’ compensation records.
If a newly hired employee owes child support, you can expect an income withholding order soon after your report is processed. Under Kansas law, you must start deducting from the employee’s pay no later than the next payment of income due after 14 days following service of the order, then remit the withheld amount to the Kansas Payment Center within seven business days of each pay date. Each payment must include the employee’s name, the county and case number from the order, and the date the income was withheld. Withholding continues until a court or agency tells you to stop. If the employee leaves, promptly notify the issuing court or agency with the employee’s last known address and new employer if you know it.5FindLaw. Kansas Code 23-3104 – Income Withholding
If the child support order includes a health insurance provision, you may also receive a National Medical Support Notice directing you to enroll the employee’s child in your health plan. The federal framework gives you 20 business days to forward the notice to your plan administrator and 40 business days to send the agency coverage details and claim-submission paperwork. If the employee refuses to cooperate, you can enroll the child yourself based on the court order. Premium deductions typically begin within 30 days of receiving the notice.
If You Hire Across State Lines
Employers with workers in two or more states can designate a single state to receive all their new hire reports. Register as a multi-state employer with the U.S. Department of Health and Human Services through the Office of Child Support Enforcement Child Support Portal, or complete the Multistate Employer Registration form and email it to msedb@acf.hhs.gov.6Administration for Children & Families. Multistate Employer Registration Form for New Hire Reporting
Two conditions apply. You must have at least one employee working in the state you designate, and you must transmit reports electronically on the twice-monthly schedule.3Office of the Law Revision Counsel. United States Code Title 42 – 653a State Directory of New Hires Reports still go to the designated state’s new hire directory, not to a federal portal.
If You Use a PEO
If a Professional Employer Organization handles your payroll and HR, the PEO typically files new hire reports as part of the co-employment arrangement. Your job is to tell the PEO promptly when you hire someone. If you drag your feet on the internal handoff, the PEO can’t file on time. Treat your notification to the PEO as if it were the filing itself, and get it done in the first few days of the hire.