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Meals and Break
Kansas does not have any laws requiring an employer to provide a meal period or breaks
to employees, thus the federal rule applies. KS Dept. of Labor Workplace Laws FAQs. The
federal rule does not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting less than 20
minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to
be paid, so long as the employee is free to do as they wish during the meal or lunch
period. DOL: Breaks and Meal Periods.
Vacation
In Kansas, employers are not required to provide employees with vacation benefits, either
paid or unpaid. KS Dept. of Labor Workplace Laws FAQs. If an employer chooses to
provide such benefits, it must comply with the terms of its established policy or
employment contract. See Sweet v. Stormont Vail Regional Medical Center, 231 Kan. 604,
647 P.2d 1274 (Kan. Sup. Ct. 1982); Mid American Aerospace, Inc. v. Dept. of Human
Resources, 10 Kan. App. 2d 144, 694 P.2d 1321 (1985).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Sweet v.
Stormont Vail Regional Medical Center, 231 Kan. 604, 647 P.2d 1274 (Kan. Sup. Ct. 1982);
Mid American Aerospace, Inc. v. Dept. of Human Resources, 10 Kan. App. 2d 144, 694 P.2d
1321 (1985).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Sweet v. Stormont Vail Regional Medical Center, 231
Kan. 604, 647 P.2d 1274 (Kan. Sup. Ct. 1982); Mid American Aerospace, Inc. v. Dept. of
Human Resources, 10 Kan. App. 2d 144, 694 P.2d 1321 (1985).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Sweet v. Stormont Vail Regional Medical
Center, 231 Kan. 604, 647 P.2d 1274 (Kan. Sup. Ct. 1982); Mid American Aerospace, Inc. v.
Dept. of Human Resources, 10 Kan. App. 2d 144, 694 P.2d 1321 (1985).
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. See Sweet v. Stormont Vail Regional Medical Center, 231 Kan. 604, 647 P.2d 1274
(Kan. Sup. Ct. 1982); Mid American Aerospace, Inc. v. Dept. of Human Resources, 10 Kan.
App. 2d 144, 694 P.2d 1321 (1985).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Sweet v. Stormont Vail Regional Medical Center, 231 Kan. 604, 647 P.2d 1274 (Kan. Sup.
Ct. 1982); Mid American Aerospace, Inc. v. Dept. of Human Resources, 10 Kan. App. 2d
144, 694 P.2d 1321 (1985).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See Mid American Aerospace, Inc. v. Dept. of Human
Resources, 10 Kan. App. 2d 144, 694 P.2d 1321 (1985).
Severance
Kansas law does not require employers to provide employees with severance pay. KS
Dept. of Labor Workplace Laws FAQs. If an employer choose to provide such benefits, it
must comply with the terms of its established policy or employment contract.
Holidays
Kansas law does not require employers to provide employees with either paid or unpaid
holiday leave. KS Dept. of Labor Workplace Laws FAQs. In Kansas, an employer can
require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime under standard overtime laws. If an
employer chooses to provide either paid or unpaid holiday leave, it must comply with the
terms of its established policy or employment contract.
Minimum Wage
Kansas' current minimum wage is $2.65. KS Dept. of Labor Wage FAQs. Some
exceptions apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Kansas, the federal
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than state law.
Overtime
Kansas requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 46 hours in a workweek, unless otherwise exempt. KS
Dept. of Labor Workplace Laws FAQs. See FLSA: Overtime for more information regarding
overtime requirements.
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TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
Jury Duty
An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.
An employer may not discharge, penalize, threaten, or otherwise coerce an employee who
receives and/or responds to a jury summons or who serves on a jury.
Kansas Stat. 43-173;KS DOL FAQs