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Can I offer unlimited vacation time to my employees in Kansas? What are the requirements?

Unlimited Vacation Time in Kansas

Kansas state law does not require employers to provide vacation time to their employees. However, if an employer chooses to offer vacation time, they must comply with the state regulations regarding vacation leave [1.1].

Requirements for Vacation Leave

According to KSAR 1-9-4, each classified employee in a regular position shall be entitled to vacation with pay, which shall be earned and accumulated in accordance with the regulation. Vacation leave earned each payroll period, the maximum amount of vacation leave that may be accumulated, and the increments in which vacation leave may be used shall be determined as follows:

  • Non-exempt employees shall accrue vacation leave based on the length of service and the hours in pay status per pay period. They shall use vacation leave only in increments of a quarter of an hour. The maximum accumulation of hours shall be determined based on the length of service [1.1].
  • Exempt employees in a position that is eligible for benefits shall accrue vacation leave based on the length of service and the time in pay status per pay period. They shall use vacation leave only in either half-day or full-day increments. The maximum accumulation of hours shall be determined based on the length of service [1.1].

At the end of the last payroll period paid in each fiscal year, up to 40 hours of any accrued vacation leave that exceeds an employee’s maximum accumulation of hours shall be converted to sick leave. After this conversion, all remaining vacation leave over the maximum accumulation of hours shall be forfeited at the end of the last payroll period paid in that fiscal year. If an employee terminates from the service and has more than the maximum accumulation of vacation leave permitted, the employee shall not be paid for any vacation leave in excess of the maximum accumulation to which that employee is entitled [1.1].

Payment for Accumulated Vacation Leave

Each employee who separates from state service shall be paid for that employee’s accumulated vacation leave, compensatory time, and holiday compensatory time. Pay for an employee’s vacation leave, compensatory time, and holiday compensatory time shall be calculated using the appropriate hourly or salary rate set forth in K.A.R. 1-5-21 and, with respect to non-exempt employees, the provisions of K.A.R. 1-5-24(e)(4). Pay for the vacation leave, compensatory time, and holiday compensatory time shall be a lump sum addition to the employee’s last paycheck [1.2].

Conclusion

Kansas state law does not require employers to provide vacation time to their employees. However, if an employer chooses to offer vacation time, they must comply with the state regulations regarding vacation leave. There are specific requirements for vacation leave, including the maximum accumulation of hours and the increments in which vacation leave may be used. Therefore, offering unlimited vacation time may not be feasible under Kansas state law.

Source(s):
Jurisdiction

Kansas