The deadline, and what it depends on
By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.
It depends on your pay schedule, not on the day you left. Two people who leave on the same day can have deadlines a week or more apart.
The employer may mail final wages if you ask, postmarked by the deadline. Commissions count as wages, so they follow the same next-payday rule. For a valid claim under $10,000, the Secretary of Labor must take it on if you ask in writing.
What “next regular payday” means
“Next regular payday” means the next date your employer would normally have paid you had you stayed. It is not a fixed number of days: paid weekly, it is at most a week away; paid monthly, it can be a month.
That is why the calculator asks for your pay schedule first. Take any recent payday from a pay stub and it works out the date for you.
Unused PTO — is it owed?
Only if your employer's written policy or agreement promises it. Unused vacation is paid out only if your employer has a policy or practice of paying it. Use-it-or-lose-it and anniversary-date forfeiture policies are allowed in Kansas. Check your handbook, offer letter or any PTO policy you signed; if it says accrued time is paid out, that promise is enforceable.
What happens if they are late
If the failure to pay is willful, the employer owes 1% of the unpaid wages for each day except Sundays and legal holidays after the eighth day past the due date, up to 100% of the unpaid wages (K.S.A. 44-315(b)).
How to file a claim in Kansas
File Wage Claim form K-ESLR 105 with the Kansas Department of Labor, Office of Employment Standards. Filing is free, and you do not need a lawyer.
- Ask in writing first. Email creates a dated record.
- Send a short demand letter naming the amount, the deadline, and any penalty that applies in Kansas.
- File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.
Kansas final paycheck: common questions
Can they hold my last check until I return my equipment?
No. In Kansas your final wages are due by the deadline on this page whether or not you have returned a laptop, uniform or keys. Your employer can ask for the equipment back or pursue its cost separately, but federal law bars deductions for it that would cut your pay below minimum wage or eat into overtime.
Do I get paid for unused vacation?
Only if your employer's written policy or agreement promises it. Unused vacation is paid out only if your employer has a policy or practice of paying it. Use-it-or-lose-it and anniversary-date forfeiture policies are allowed in Kansas. Check your handbook, offer letter or any PTO policy you signed; if it says accrued time is paid out, that promise is enforceable.
What if I quit without notice?
No. Quitting without notice does not forfeit anything you earned in Kansas. Your final pay is due by your next regular payday, exactly as if you had given notice. Notice only changes the timing, and only where state law says so.
When is my final paycheck due in Kansas if I am fired?
By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go. Everything you earned is due on that deadline, along with any unused vacation your state or your policy makes payable.
What happens if my final paycheck is late in Kansas?
If the failure to pay is willful, the employer owes 1% of the unpaid wages for each day except Sundays and legal holidays after the eighth day past the due date, up to 100% of the unpaid wages (K.S.A. 44-315(b)).
Spotted something wrong? Report an error.
Other states that also tie the deadline to your next payday: Delaware, Illinois and Louisiana.
Worked across a state line? Missouri final paycheck law and Oklahoma final paycheck law.