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Accrued vacation time Kansas

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  • Accrued vacation time Kansas

    I'm getting some conflicting information between the Kansas Dept of Labor website, attorney websites and my own attorney. If an employee quits or is fired, does unused vacation hours have to be paid out?

    Thanks.

  • #2
    This is directly from Kansas' Department of Labor website:

    If I quit or am fired, am I entitled to payment for my unused accrued vacation time?

    Only if your employer has a policy or practice of paying for unused vacation time.

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    • #3
      Thanks, that is how I see it. My attorney disagrees.

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      • #4
        Ask your attorney for an explanation. It could be that there was a recent court decision that changes things they might feel your policy is not well established enough to warrant not paying it out. It could be that the attorney is just looking for the least risky position to take. Obviously no one is going to complain if you pay it out.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Kansas:
          vacation termination: Wages are defined to include earned vacation and/or sick pay pursuant to an employment contract. Thus, once vacation or sick pay is earned, it can't be forfeited. Employers may, however, define vacation or sick pay policies in such a way that the right to payment for vacation and sick time isn't earned until certain conditions (ie conditions precedent) are satisfied. Kansas does not prohibit an employer from charging an exempt employee's vacation, sick leave, or PTO account for partial-day absences.

          use it or lose it: Wages are defined to include earned vacation and/or sick pay pursuant to an employment contract. Thus, once vacation or sick pay is earned, it can't be forfeited. Employers may, however, define vacation or sick pay policies in such a way that the right to payment for vacation and sick time isn't earned until certain conditions are satisfied and, if properly drafted, a "use it or lose it" policy would be enforceable.

          employers - all employers

          citation - Ks. statutes Annotated 44-313 et seq. and Sweet v Stormont Vail Reg'l Med. Ctr., 231 Kan. 604, 647 P.2d 1274
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