Kansas.gov

New Hire Frequently Asked Questions

About the Law

1. What is the new hire law?

K.S.A. 75-5743 and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 653A, requires all employers to report newly hired and re-hired employees to a state directory within 20 days of their hire date.

2. Who must report?

All employers and/or labor organizations in the State of Kansas.

3. Who must be reported?

Employers are required to report the following employees:

New employees: Employers must report all employees who reside or work in the State of Kansas to whom the employer anticipates paying earnings. Employees should be reported even if they work only one day and are terminated (prior to the employer fulfilling the new hire reporting requirement).

Re-hires or re-called employees: Employers must report re-hires, or employees who return to work after being laid off, furloughed, separated, granted a leave without pay or terminated from employment within 20 days of re-hire. Termination of employment does not include temporary separations from employment, such as an unpaid medical leave, an unpaid leave of absence, a temporary lay-off of less than 60 days in length or an absence for disability or maternity.

4. Is anyone exempt from this law?

No one is exempt from this law.

5. Are labor unions and hiring halls required to report?

Labor unions and hiring halls must report their own employees; that is, individuals who work directly for the labor union or hiring hall. If the labor union or hiring hall simply refers individuals for employment, it does not need to file new hire reports for these actions. If a labor organization actually pays the individuals whom it refers (as opposed to having them paid by the person or entity to whom they have been referred), the labor organization would be considered the “employer” and subject to the new hire reporting requirements.

Basics of New Hire Reporting

6. Why do we need new hire reporting?

New hire reporting speeds up the child support income withholding order process, expedites collection of child support from parents who change jobs frequently and quickly locates alleged fathers/non-custodial parents to help in establishing paternity and child support orders. New hire reporting helps children receive the support they deserve. Employers are a key partner in ensuring financial stability for many children and families and should take pride in their role.

7. How often must I report?

Employers must report within 20 days of a new employee’s hire or re-hire date. Employers who submit reports electronically shall submit the reports by two monthly transmissions, if necessary, which are not less than 12 days or more than 16 days apart.

8. What information must I report?

In accordance with federal legislation, the State of Kansas asks for the following information:

  • Employer’s Federal Employer Identification Number (FEIN) - If you have more than one FEIN, please make certain you use the same FEIN when reporting new hires you use to report your quarterly wage information.
  • Employer’s Name
  • Employer’s Address
  • Employee’s Name (First, Middle, Last)
  • Employee’s Address
  • Employee’s Social Security number
  • Employee’s Date of Hire or Re-Hire
  • Employee’s Date of Birth (optional)

Additional information may be required if reporting electronically. Please click here for electronic reporting specifications.

Please Note: The Claims Resolution Act (CRA) of 2010 requires employers to report the date an employee first performed services for pay to the State New Hire Directory. This is an anti-fraud measure designed to reduce the number of overpayments to individuals receiving unemployment insurance benefits.

9. How do I report?

There are a variety of ways to report new hires, including electronic reporting and by mail or fax. For more information on the convenient reporting options available, click here.

10. Where do I report new hires?

Electronic Reports - The online reporting feature is available 24 hours a day, 7 days a week. You may mail this file on a CD-ROM or a 3.5” floppy.

Employers can send new hire data files electronically in a variety of ways or individual reports with a secure email form. Click here to learn more about electronic reporting.

Non-Electronic Reports - Paper new hire reports may either be mailed or faxed to the Center.

Mail reports to:
Kansas New Hire Directory
P.O. Box 3510
Topeka, KS 66601-3510

Fax reports to:
(785) 291-3423
(785) 291-3424
Toll-free: (888) 219-7798


11. How will the information be used?

Federal and State laws contain strict guidelines for the use of new hire reporting information. Kansas’ child support system matches new hire information against open child support cases to locate alleged fathers/non-custodial parents to establish paternity and child support orders and enforce existing orders. New hire information also is sent to the National Directory of New Hires and is utilized by Child Support Agencies nationwide.

New hire information also is used by states to help detect and prevent fraudulent payments to recipients of unemployment insurance and workers compensation.

The use of this information provides financial support for Kansas’ families and a reduction in unemployment insurance costs.

Common Employer Questions

12. I am an employer with employees in more than one state. What special considerations,
if any, need to be made for this?

New hire reporting is required in all 50 states. One of the goals of new hire reporting legislation is to make it as easy as possible for employers to comply. For those employers with employees in more than one state, there are two convenient options for reporting. Click here for more information about Multistate reporting.

13. Is there an easier way to report other than submitting a paper New Hire Reporting Form?

If you are reporting more than one new hire, we strongly suggest reporting electronically. You can either report new hires using our website or transmit a data file created by your company’s human resources or payroll software. Electronic reporting will eliminate paperwork, increase the accuracy of the reports, allows faster processing and can save on postage and other costs. Electronic reporting can also qualify Multistate employers to report new hires directly to one state.

14. What if I have questions about child support or income withholding?

The New Hire Directory does not have access to specific child support information and does not have the ability to answer questions related to child support.

Contact Child Support Services.

15. Do I have to report if I do not hire anyone?

No.

16. I am an employer who has more than one address. Which one should I list?

The address where you want income withholding orders sent should be used. A street address is preferred, as long as you can receive mail there.

17. I provide employee information on my Quarterly Wage Reports. Why must I also report the employee as a new hire?

New hire information from the Quarterly Wage Reports becomes available two to six months after the date of hire. When you immediately report new hires, there is an improved chance of locating the individual while employed and the required child support action can be promptly taken. In addition, fraudulent unemployment insurance and workers compensation benefit payments can be quickly detected.

18. Do temporary agencies have to report their new hires for every assignment?

Temporary agencies are responsible for reporting their workers who sign a W-4 form and report to an assignment. Workers need to be reported only once; they do not need to be reported each time they report to a new client. If the worker has a break in service from your agency and a new W-4 form is required, then a new hire report is also needed.

19. Do I need to report an employee who worked for a couple of hours or days and then quits?

If the employee filled out a W-4 form and only worked for a few hours, that employee must be reported. Although that employee is no longer with your company, there is useful information that can be obtained, such as home address and work history.

20. Do I have to include my FEIN on line 10 of the W-4? The instructions say to include it only if I sent it to the IRS.

Yes, if you are sending in your new hire report by W-4, you must include the employer name, address and Federal Employer Identification Number (FEIN) in blocks 8 and 10 of the W-4 form. If you have more than one FEIN, please make certain you use the same FEIN you use to report your quarterly wage information when reporting new hires.

21. If I take over a business, do I have to report all of the employees?

No, not if these employees have previously been reported. Employers must report any newly hired or re-hired employees who are hired after the take over date.

22. In addition to reporting new hires, do I need to report terminated employees as well?

No. Only new hires and re-hires are required to be reported. However, if the terminated employee had an Income Withholding Order for child support, the termination should be reported to the agency that issued the Order.

23. Can I send an outdated W-4?

Yes, but if you need new W-4 forms, please contact the Internal Revenue Service.

24. What if I still have more questions about new hire reporting?

Do not hesitate to call the Kansas New Hire Directory at (785) 296-5000, ext. 7700, or toll-free at (888) 219-7801 with any questions regarding the new hire reporting process. Our staff is available Monday through Friday, 8 a.m. to 5 p.m. Central Time.

Forms

You can report new hires electronically after you log on to the Employer site and select Enter New Hire Information. You can also mail this file on a CD-ROM.

Commonly used forms for reporting New Hire information:
New Hire Report Form (K-CNS 436) – print and mail or fax
W-4 form (IRS)

The New Hire Report Form is fillable. To submit, print and mail or fax the form to:

Kansas New Hire Directory
P.O. Box 3510
Topeka, KS 66601

Fax - (888) 219-7798