Earned time

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Earned time

I was let go. I had accumulated earned time hours. Do I have the right to have those earned time hours?

Asked on August 23, 2017 under Employment Labor Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

KS does not mandate payout of accrued vacation time upon an employee's departure; an employer is allowed to establish vacation time policy as they choose. However, if they enact a policy to pay for such time, then the law requires them to honor that policy (check your former company's vacation policy; it is typically detailed in the employee handbook). If no policy exists but the company paid other terminated workers for their accrued vacation time under similar circumstances, then it must continue pay you. Otherwise, you possibly make a claim of discrimination. Finally, vacation benenfits must be paid unpon termination if so provided under the terms of an employment policy or union agreement.


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