Unused holiday compensatory time and compensatory time are paid differently. Upon termination, employees who have unused holiday compensatory time shall be paid for all such accrued holiday compensatory time at the employee's regular rate of pay.
Upon termination, employees who have unused compensatory time shall be paid for all such accrued leave at the higher of the following rates: (1) the average regular rate received by the employee during the last three years of the employee's employment; or (2) the final regular rate received by the employee (29 CFR 553.27 and K.A.R. 1-5-24).
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