Minimum Wage

Kansas’ current minimum wage is $7.25, and only applies to employers and employees not covered by the federal Fair Labor Standards Act (FLSA). Kansas Stat. 44-1203.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25. See FLSA: Minimum Wage.

Overtime

Kansas requires employers to pay overtime to employees not covered by the federal Fair Labor Standards Act (FLSA) at a rate of 1½ time their regular rate when they work more than 46 hours in a workweek, unless otherwise exempt. Kansas Stat. 44-1203.

The FLSA requires employers to employees overtime at a rate of 1½ times their regular rate when they work more than 40 hours in a workweek, unless otherwise exempt. See FLSA.

Meals and Breaks

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 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 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 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.

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

Severance Pay

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.