Kansas lawmakers agree to resolve family-leave retaliation lawsuit for $45,000

TOPEKA — Gov. Laura Kelly and leaders of the Kansas Legislature approved the $45,000 settlement of a lawsuit filed by a former employee of the Kansas Department for Children and Families who was fired after requesting expansion of medical leave to care for a relative.

Former DCF employee Shayne Watson filed suit in U.S. District Court alleging the state agency interfered with his rights under the Family and Medical Leave Act and was terminated in retaliation for insisting on altering his leave from intermittent to continuous.

Watson had been granted intermittent leave by DCF to care for a relative with dementia from 2019 to 2022, but was fired within two weeks of requesting his FMLA status be changed to continuous.

Court documents show DCF attorney Marc Altenbernt argued the agency didn’t retaliate against Watson and had immunity from the lawsuit. The record also indicated DCF asserted Watson’s work performance was lackluster and that he deviated from a telework agreement. In addition, documents show DCF claimed Watson was combative during a personnel meeting prior to the firing.

Watson was terminated by the state agency in September 2022. He filed a federal lawsuit seeking in excess of $75,000.

In January, U.S. District Court Judge Holly Teeter granted summary judgment to DCF on Watson’s claim the agency interfered with his family-leave rights, but the judge allowed the retaliation claim to move forward. In February, a trial date was set on the retaliation portion of the complaint.

In April, the case was closed following negotiations on a settlement between attorneys representing DCF and Watson.

The State Finance Council, which includes the governor as well as Republican and Democratic leaders of the House and Senate, voted 7-0 to resolve the case with the $45,000 payment to Watson.

Watson was hired by DCF in 2018 and worked as a career navigator assigned the help adults without dependent children obtain employment while receiving government benefits.

Meanwhile, the State Finance Council voted to reject a proposed settlement in the case of Link v. State of Kansas. Neither details of the lawsuit nor the settlement amount recommended by the Kansas attorney general’s office were revealed by council members during the public portion of this week’s meeting.

When council members emerged from executive session, the governor requested a motion to accept the settlement. None of the council members present said anything until Senate President Ty Masterson of Andover said the silence reflected opposition to the deal.

“I think you’re finding nobody wants to make the motion,” Masterson said.

“Well,” Kelly said, “we could make the motion and vote it down if that is what everybody is feeling.”

Masterson made the motion to consider the settlement and voted for approval along with House Minority Leader Chris Croft, R-Overland Park. The governor and the remainder of Republicans and Democrats on the council present at the meeting voted against the deal.