Kansas Leave Laws




Vacation Leave

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).



Sick Leave

Kansas law does not require employers to provide employees with sick leave benefits, either paid or unpaid. KS Dept. of Labor Workplace Laws FAQs. An employer in Kansas may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.



Holiday Leave

Kansas law does not require private employers to provide employees with either paid or unpaid holiday leave. KS Dept. of Labor Workplace Laws FAQs In Kansas, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ 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.

State holidays

Visit our Kansas State Holidays page for a list of holidays recognized and observed by the state of Kansas as well as information regarding state laws governing holiday leave for public employers and employees.



Jury Duty Leave

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



Voting Leave

Kansas law allows any registered voter to leave work for a period of up to two (2) hours to vote. If the polls are open before or after the work shift, however, the voter may only take such time off that, when added to the amount of time before or after work that the polls are open, it does not exceed two (2) hours. Kansas Stat. 25-418



Bereavement Leave

Kansas law does not require employers to provide employees bereavement leave or leave to attend funerals. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employers may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice they maintain.