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Final Paycheck Laws by State After Employee Termination
When an employee is terminated, state laws determine how quickly they must receive their final paycheck and if PTO must be paid out. See the laws here.
Natalie Soltero, SHRM-CP, Stratus HR Consultant
Aug 8, 2025
When an employee separates from your company, whether they quit, are laid off, or are terminated, you are required by law to issue their final paycheck within a specific timeframe. But final pay laws vary widely from state to state, and getting it wrong can lead to penalties, lawsuits, or wage claims.
For example, several states require you to pay unused vacation or paid time off (PTO) upon separation. Most, however, default to your company’s written policy, an employment contract, or a collective bargaining agreement. Without a written policy, courts may interpret vacation or PTO as earned wages, potentially requiring payout even if you didn’t intend to.
Below is a comprehensive list of final paycheck laws per state, including whether employers must pay out unused vacation or PTO and if there are any extenuating circumstances. When preparing for an employee separation, be sure you know your state’s deadline, that your written policy aligns with state law, and that you are able to deliver the final paycheck per state law requirements.
|
State |
Final Paycheck due: Voluntary Termination |
Final Paycheck due: |
Required to Pay out PTO? |
Notes about Paying out PTO |
State Link |
|
Alabama |
Next scheduled pay date |
Next scheduled pay date |
Based on policy |
Alabama law does not require employers to pay this out upon separation unless the employer has a policy that stipulates such a payout. |
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|
Alaska |
Next scheduled pay date |
Within 3 business days |
Based on policy |
In Alaska, employers are not required to pay out accrued and unused vacation time upon separation unless the employee contract or employer policy specifies it. |
|
|
Arizona |
Next scheduled pay date |
Within 7 business days, or next scheduled pay date; whichever is earlier. |
Based on policy |
Arizona does not require payout of unused vacation or PTO by state law—but if the employer’s written policy, handbook, contract, or collective bargaining agreement promises it, then it must be paid in the final paycheck. |
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|
Arkansas |
Next scheduled pay date |
Next scheduled payday, or within 7 working days if the employee demands it. (Employer will owe 2x the wages if not paid within 7 days of the next scheduled payday.) |
Based on policy |
Unused vacation or PTO in Arkansas is paid only if the employer’s written policy, contract, or handbook promises it. Arkansas law does not mandate automatic payout otherwise. |
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|
California |
Within 72 hours, or immediately if the employee gave at least 72 hours’ notice |
Immediately; employees can recover penalties for every day wages are withheld. |
Yes |
Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. |
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|
Colorado |
Next scheduled pay date |
Immediately, or within 6 hours of the next business day. If payroll is off-site, wages must be delivered within 24 hours of the start of the next workday. |
Yes |
In Colorado, accrued and unused vacation must be paid out upon separation. |
|
|
Connecticut |
Next scheduled pay date |
Next business day |
Based on policy |
Unused vacation or PTO is not required by Connecticut state law unless the employer’s written policy, contract, or union agreement provides for it; in such cases, it must be paid. |
Connecticut |
|
Delaware |
Whichever is latest: next scheduled payday or 3 days after last day worked |
Whichever is latest: next scheduled payday or 3 days after last day worked |
Based on policy |
In Delaware, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. If they do, the value of the accrued time must be paid within 30 days of separation. |
|
|
Florida |
No law; next scheduled pay date |
No law; next scheduled pay date |
Based on policy |
In Florida, accrued vacation/PTO is paid out if the employer's policy or contract requires payout, but it is not required by state law. Federal law; not required to pay out. |
|
|
Georgia |
No law; next scheduled pay date |
No law; next scheduled pay date |
Based on policy |
In Georgia, accrued vacation/PTO is paid out if the employer's policy or contract requires payout, but it is not required by state law. Federal law, not required to pay out. |
|
Hawaii |
On employee’s last day if employee gives one pay period notice, or scheduled payday |
Immediately, or by next business day |
Based on policy |
In Hawaii, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Idaho |
Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, employer must pay within 48 hours of receiving the request (weekends and holidays excluded). |
Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, employer must pay within 48 hours of receiving the request (weekends and holidays excluded). |
Based on policy |
In Idaho, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Illinois |
Immediately if possible, but no later than next scheduled payday |
Immediately if possible, but no later than next scheduled payday |
Based on policy |
Per Illinois state law, unless a willful agreement has been met by both parties, an employer’s policy or agreement decides whether earned, unused vacation is paid on separation. |
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|
Indiana |
Next scheduled pay date |
Next scheduled pay date |
Yes, unless policy says otherwise |
In Indiana, an employer’s policy or agreement determines whether earned, unused vacation is paid on separation. Without a policy in place, employees are entitled to any and all earned and unused vacation pay. |
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|
Iowa |
Next scheduled pay date |
Next scheduled pay date |
Based on policy |
In Iowa, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
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|
Kansas |
Next scheduled pay date |
Next scheduled pay date |
Based on policy |
In Kansas, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
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|
Kentucky |
Next scheduled pay date or within 14 days, whichever is later |
Next scheduled pay date or within 14 days, whichever is later |
Based on policy |
In Kentucky, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Louisiana |
Next scheduled pay date or within 15 days, whichever is sooner |
Next scheduled pay date or within 15 days, whichever is sooner |
Yes |
In Louisiana, employers are required to pay employees any accrued, unused vacation time at separation. |
|
|
Maine |
Next scheduled pay date or within 14 days, whichever is sooner |
Next scheduled pay date or within 14 days, whichever is sooner |
Yes |
As of January 1, 2023, Maine law requires employers with 11 or more employees to pay out all unused, accrued vacation time upon separation, regardless of the employer’s policy. |
|
|
Maryland |
Next scheduled pay date |
Next scheduled pay date |
Based on policy |
In Maryland, employers are not required to pay out unused vacation time unless there is a written policy or agreement stating otherwise. If such a policy exists, the employer must adhere to it. |
| Massachusetts |
Next scheduled pay date |
Day of separation |
Yes |
Employers are liable to pay separating employees any earned, unused vacation time in Massachusetts. |
|
|
Michigan |
Next scheduled pay date |
Next scheduled pay date |
Based on policy |
In Michigan, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Minnesota |
Next scheduled pay date that is more than five days after quitting; no more than 20 days after separation |
Within 24 hours of the employee's demand for wages |
Based on policy |
In Minnesota, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Mississippi |
No law; next scheduled pay date |
No law; next scheduled pay date |
Based on policy |
In Mississippi, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Missouri |
No law; next scheduled pay date |
Immediately |
Based on policy |
In Missouri, there is no state requirement to pay out unused PTO or vacation time unless the employer’s written policy or contract specifically provides otherwise. |
|
|
Montana |
Next scheduled pay date or within 15 days, whichever is sooner |
Immediately, or within 4 hours, or by the end of the business day (unless a written personnel policy allows a delay). |
Based on policy |
In Montana, there is no state requirement to pay out unused PTO or vacation time—unless your employer’s written policy or contract specifically provides otherwise. |
|
|
Nebraska |
Whichever is first: next scheduled payday or within two weeks |
Whichever is first: next scheduled payday or within two weeks |
Yes |
In Nebraska, employers are liable to pay separating employees any earned, unused vacation time; no exceptions. |
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|
Nevada |
Next regular payday or within 7 calendar days, whichever is sooner |
Within 3 days |
Based on policy |
In Nevada, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
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New Hampshire |
Within 72 hours, or next scheduled pay date without proper notice |
Within 72 Hours |
Based on policy |
In New Hampshire, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
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New Jersey |
Next scheduled pay date |
Next scheduled pay date |
Based on policy |
In New Jersey, earned, unused vacation will not be considered wages unless an employer’s policy, agreement, or union contract states otherwise. |
|
New Mexico |
Next scheduled payday |
Within 5 days for fixed amounts or 10 days for variable amounts |
Yes |
The New Mexico Supreme Court determined that accrued vacation was compensation of a fixed and definite amount in the same category as wages. |
|
|
New York |
Next scheduled payday |
Next scheduled payday |
Yes, unless policy says otherwise |
In New York, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. If there is no written policy, unused vacation pay must be paid out. |
|
|
North Carolina |
On or before next scheduled payday |
On or before next scheduled payday |
Yes, unless policy says otherwise |
In North Carolina unused vacation must be paid on separation unless there’s a clear forfeiture clause in the vacation pay policy. |
|
|
North Dakota |
Next scheduled payday |
Next scheduled payday |
Yes if involuntary; no if voluntary |
In North Dakota, employers must pay a separating employee for earned, unused vacation time if separation was involuntary. For voluntary separation, employers must pay unless: employees received written notice of the limitation at the time of hiring, the employee has been employed for less than one year, and the employee gave less than five days’ notice. |
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|
Ohio |
Whichever is first: next scheduled payday or within 15 days |
Whichever is first: next scheduled payday or within 15 days |
Yes, unless policy says otherwise |
In Ohio, the courts have interpreted that vacation pay is a deferred payment of an earned benefit, and unless an employer’s vacation policy states to the contrary, an employee is entitled to be paid for unused vacation days. |
|
|
Oklahoma |
Whichever is later: next scheduled payday or within 14 days |
Whichever is later: next scheduled payday or within 14 days |
Based on policy |
In Oklahoma, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Oregon |
On last day of employment if the employee gave 48 hours’ notice; otherwise, within 5 days or the next payday, whichever comes first |
By the end of the next business day |
Based on policy |
In Oregon, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Pennsylvania |
Next scheduled payday |
Next scheduled payday |
Based on Policy |
In Pennsylvania, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Rhoda Island |
Next scheduled payday |
Next scheduled payday |
Yes |
In Rhode Island, employers are liable to pay separated employees’ accrued vacation pay if they have served one year or more at their organization. |
|
|
South Carolina |
Within 48 hours or next scheduled payday; not to exceed 30 days |
Within 48 hours or next scheduled payday; not to exceed 30 days |
Based on policy |
In South Carolina, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
South Dakota |
Next scheduled payday, or the employer can hold the final pay until company property is returned |
Next scheduled payday, or the employer can hold the final pay until company property is returned |
Based on policy |
In South Dakota, there are no state regulations in place. |
|
|
Tennessee |
Within 21 days or the next regular payday, whichever occurs later |
Within 21 days or the next regular payday, whichever occurs later |
Based on policy |
In Tennessee, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Texas |
Next scheduled payday |
Within 6 calendar days of last day worked |
Based on policy |
In Texas, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Utah |
Next scheduled payday |
Within 24 hours |
Based on policy |
In Utah, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. If employers do not pay for accrued days upon separation, this must be stated explicitly in the contract or policy. |
|
|
Vermont |
Next scheduled payday or the next Friday if there is no regular payday |
Within 72 hours from the time of discharge |
Based on policy |
In Vermont, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
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|
Virginia |
On or before next scheduled payday |
On or before next scheduled payday |
Based on policy |
In Virginia, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
Washington |
On or before next scheduled payday |
On or before next scheduled payday |
Based on policy |
In Washington, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
|
|
West Virginia |
On or before next scheduled payday |
On or before next scheduled payday |
Based on policy |
In West Virginia, if an employer has a written policy stating that accrued vacation time will not be paid at separation, they will not be liable to pay an employee. |
|
|
Wisconsin |
Next scheduled payday |
Next scheduled payday |
Based on policy |
In Wisconsin, if an employer has a written policy stating that accrued vacation time will not be paid at separation, they will not be liable to pay an employee. |
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|
Wyoming |
Next scheduled payday |
Next scheduled payday |
Based on policy |
In Wyoming, an employer’s policy or employee contract governs whether earned, unused vacation is paid on separation. |
Conclusion about Final Paycheck Laws
Navigating final paycheck laws can be complex, but with the right policies and preparation, you can avoid legal headaches and ensure fair treatment for departing employees. Regularly review your state’s labor laws, update your employee handbook accordingly, and consult legal counsel when in doubt, especially if your workforce spans multiple states.
One of the great benefits of working with Stratus is the ability to provide your employees with their final paychecks according to the prevailing final paycheck laws. You do, however, need to report the employee’s departure as soon as possible to help us meet the law’s requirements.
For questions or assistance, please contact your Stratus HR Account Manager. Not a current Stratus HR client? Contact us today for a free consultation.