Vac pay at termination

We have never paid for unused vacation time at termination, and I understand that we are not required to in KS. But we would like to start paying for unused vacation ONLY if employment ends due to death, retirement, or voluntary resignation with 2-weeks notice (and if 2-weeks is worked to its completion.)

1. Is this a legally enforceable policy?


2. Any odd situations that I should consider before beginning such a policy?

I have looked at the Kansas DOL website, and can't find anything specific to a policy that pays sometimes but not always.


  • 3 Comments sorted by Votes Date Added
  • You really must find out what KS law is on this. There's no federal law involved. Depends on your state law. I'd start by calling your DOL in the state, if you have one. Don't take their word for it; ask them to site page and section.
  • I agree with Don that you need to verify KS law before making a decision to enact such a policy but, in absence of any state law dictating otherwise, your policy would be legal.

    Here in WI we do not have any law dictating the payout of any vacation, etc. and our policy states that vacation will be paid out when employment is terminated due to retirement, permanent layoff or voluntary resignation with a two-week notice (working the two weeks, of course). We recently had a complaint filed against us with the WI Department of Workforce Development and won because we were able to show that we have been consistent in applying this policy.

    Good luck.
  • You can do what you want. The only "odd" situation that I know of that might occur is if an employee gives 2 weeks notice and you tell them they don't have to work it and leave. I would say you would owe them the vacation, but if your policy says the 2 weeks must be worked....????
    Just a thought that you might want to consider.

    E Wart
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