No federal law sets a deadline for an employee's final paycheck. The states decide, and the deadlines range from the moment of termination in California and Massachusetts to the next regular payday in most of the country. Many states set one deadline when you fire someone and a different one when they quit, and some add penalty wages for every day the check is late.
The other half of the question is unused vacation or PTO. A few states treat earned vacation as wages that must be paid out, while most let your written policy decide. The table covers both, and our PTO payout calculator works out the amount.
Final paycheck laws by state: all 50 states and DC
51 jurisdictions
| Alabama | No state final pay law. Pay by the next regular payday as a practical standard. | No state final pay law. Pay by the next regular payday. | Follows your policy |
| Alaska | Within 3 working days after termination. | By the next regular payday that is at least 3 days after the employer gets notice. | Follows your policy |
| Arizona | Within 7 working days or by the end of the next regular pay period, whichever comes first. | By the next regular payday. | Follows your policy |
| Arkansas | By the next regular payday. If the employee asks, within 7 days. | By the next regular payday. | Follows your policy |
| California | Immediately, on the last day of work. | Within 72 hours, or on the last day if the employee gave at least 72 hours' notice. | Required. Earned, unused vacation and PTO are wages and must be paid out at the final rate of pay. Use-it-or-lose-it policies aren't allowed. |
| Colorado | Immediately. If the payroll unit isn't open, within 6 hours of the start of its next workday (24 hours if it's off-site). | By the next regular payday. | Required. Earned vacation can't be forfeited, so it must be paid at separation. |
| Connecticut | By the next business day. | By the next regular payday. | Follows your policy |
| Delaware | By the next regular payday. | By the next regular payday. | Follows your policy |
| District of Columbia | By the next business day. | By the next regular payday or within 7 days, whichever comes first. | Follows your policy |
| Florida | No state final pay law. Pay by the next regular payday as a practical standard. | No state final pay law. Pay by the next regular payday. | Follows your policy |
| Georgia | No state final pay law. Pay by the next regular payday as a practical standard. | No state final pay law. Pay by the next regular payday. | Follows your policy |
| Hawaii | Immediately, or by the next working day if immediate payment isn't possible. | On the last day if the employee gave one pay period's notice; otherwise by the next regular payday. | Follows your policy |
| Idaho | By the next regular payday or within 10 days (excluding weekends and holidays), whichever comes first. Within 48 hours if the employee asks in writing. | Same as a termination. | Follows your policy |
| Illinois | Immediately if possible, and no later than the next regular payday. | No later than the next regular payday. | Required. Earned vacation under a policy or contract must be paid at separation, and can't be forfeited. |
| Indiana | By the next regular payday. | By the next regular payday. | Follows your policy |
| Iowa | By the next regular payday. | By the next regular payday. | Required to the extent your policy or contract promises it. Iowa treats earned vacation as wages under the Wage Payment Collection Law. |
| Kansas | By the next regular payday. | By the next regular payday. | Follows your policy |
| Kentucky | By the next regular payday or within 14 days, whichever is later. | By the next regular payday or within 14 days, whichever is later. | Follows your policy |
| Louisiana | By the next regular payday or within 15 days, whichever comes first. | By the next regular payday or within 15 days, whichever comes first. | Required. Earned, unused vacation must be paid at separation, and can't be forfeited by policy. |
| Maine | By the next regular payday or within 2 weeks of the employee's demand, whichever comes first. | Same as a termination. | Required for employers with 11 or more employees. Earned paid vacation must be paid at separation. |
| Maryland | By the next regular payday. | By the next regular payday. | Required unless your written policy, given at hire, says unused leave is forfeited. |
| Massachusetts | On the last day of work. | By the next regular payday. | Required. Earned vacation is treated as wages and must be paid on the final day, along with other final wages. |
| Michigan | By the next regular payday. | By the next regular payday. | Follows your policy |
| Minnesota | Within 24 hours of the employee's written demand. | By the next regular payday, or the following payday if it falls within 5 days, and no more than 20 days after the last day. | Follows your policy |
| Mississippi | No state final pay law. Pay by the next regular payday as a practical standard. | No state final pay law. Pay by the next regular payday. | Follows your policy |
| Missouri | On the day of discharge. Penalties apply if the employee asks for final pay in writing and it isn't paid within 7 days. | No state rule. Pay by the next regular payday. | Follows your policy |
| Montana | Immediately, unless your written policy allows payment by the next regular payday or within 15 days, whichever is earlier. | By the next regular payday or within 15 days, whichever is earlier. | Required. Earned vacation is treated as wages and must be paid at separation. |
| Nebraska | By the next regular payday or within 2 weeks, whichever comes first. | By the next regular payday or within 2 weeks, whichever comes first. | Required. Earned, unused vacation must be paid at separation. |
| Nevada | Immediately. Penalties start if wages aren't paid within 3 days. | By the next regular payday or within 7 days, whichever comes first. | Follows your policy |
| New Hampshire | Within 72 hours. | By the next regular payday, or within 72 hours if the employee gave one pay period's notice. | Follows your policy |
| New Jersey | By the next regular payday. | By the next regular payday. | Follows your policy |
| New Mexico | Within 5 days, or 10 days if pay is based on tasks, pieces, or commission. | By the next regular payday. | Follows your policy |
| New York | By the next regular payday. | By the next regular payday. | Must be paid unless your written policy clearly says unused vacation is forfeited at separation. |
| North Carolina | By the next regular payday. | By the next regular payday. | Depends on your policy, but forfeiture is only allowed if employees were told in writing in advance. |
| North Dakota | By the next regular payday. | By the next regular payday. | Generally required. Limited exceptions apply only if you told employees in writing at hire, such as for employees with less than one year of service. |
| Ohio | By the next regular payday or within 15 days, whichever comes first. | By the next regular payday or within 15 days, whichever comes first. | Follows your policy |
| Oklahoma | By the next regular payday. | By the next regular payday. | Follows your policy |
| Oregon | By the end of the first business day after termination. | On the last day if the employee gave 48 hours' notice; otherwise within 5 business days or by the next regular payday, whichever comes first. | Follows your policy |
| Pennsylvania | By the next regular payday. | By the next regular payday. | Follows your policy |
| Rhode Island | By the next regular payday (within 24 hours if the business is closing, merging, or relocating). | By the next regular payday. | Required for employees with at least one year of service. |
| South Carolina | Within 48 hours or by the next regular payday, but no later than 30 days. | Within 48 hours or by the next regular payday, but no later than 30 days. | Follows your policy |
| South Dakota | By the next regular payday. You may hold final pay until the employee returns company property. | By the next regular payday, with the same exception for company property. | Follows your policy |
| Tennessee | By the next regular payday or within 21 days, whichever is later. | By the next regular payday or within 21 days, whichever is later. | Follows your policy |
| Texas | Within 6 calendar days of discharge. | By the next regular payday. | Follows your policy |
| Utah | Within 24 hours of separation. | By the next regular payday. | Follows your policy |
| Vermont | Within 72 hours. | By the next regular payday, or the following Friday if there is no regular payday. | Follows your policy |
| Virginia | By the next regular payday. | By the next regular payday. | Follows your policy |
| Washington | By the next regular payday. | By the next regular payday. | Follows your policy |
| West Virginia | By the next regular payday. | By the next regular payday. | Follows your policy |
| Wisconsin | By the next regular payday. | By the next regular payday. | Follows your policy |
| Wyoming | By the next regular payday. | By the next regular payday. | Follows your policy |
Download the full dataset (CSV, free) All 51 jurisdictions, every field in this library. Free to use with credit.
The fastest deadlines
When you end employment, final pay is due immediately or within a day or two in California, Massachusetts, Colorado, Montana, Missouri, Utah, Hawaii, Connecticut, District of Columbia, Oregon. Prepare the final check before the termination meeting in these states.
States where unused PTO must be paid
- California: Required. Earned, unused vacation and PTO are wages and must be paid out at the final rate of pay. Use-it-or-lose-it policies aren't allowed.
- Colorado: Required. Earned vacation can't be forfeited, so it must be paid at separation.
- Illinois: Required. Earned vacation under a policy or contract must be paid at separation, and can't be forfeited.
- Iowa: Required to the extent your policy or contract promises it. Iowa treats earned vacation as wages under the Wage Payment Collection Law.
- Louisiana: Required. Earned, unused vacation must be paid at separation, and can't be forfeited by policy.
- Maine: Required for employers with 11 or more employees. Earned paid vacation must be paid at separation.
- Maryland: Required unless your written policy, given at hire, says unused leave is forfeited.
- Massachusetts: Required. Earned vacation is treated as wages and must be paid on the final day, along with other final wages.
- Montana: Required. Earned vacation is treated as wages and must be paid at separation.
- Nebraska: Required. Earned, unused vacation must be paid at separation.
- New York: Must be paid unless your written policy clearly says unused vacation is forfeited at separation.
- North Dakota: Generally required. Limited exceptions apply only if you told employees in writing at hire, such as for employees with less than one year of service.
- Rhode Island: Required for employees with at least one year of service.
Everywhere else, your written policy decides, so write it down and apply it consistently.
States with no final pay law
Alabama, Florida, Georgia, Mississippi have no final paycheck statute. Paying by the next regular payday is the safe practice, and federal law still requires at least minimum wage and overtime for the final pay period.
Templates for the departure
Confirm final pay timing in writing with our resignation acceptance email and termination follow-up email, and ask for equipment back with the equipment return request.
Frequently asked questions
Which states require a final paycheck immediately?
California, Massachusetts, and Colorado require final pay at the time of termination when an employee is fired, and Montana does unless a written policy allows later payment. Missouri requires payment on the day of discharge. Several others require it within 24 to 72 hours.
Do I have to pay out unused PTO when an employee leaves?
In some states, yes. California, Colorado, Illinois, Louisiana, Massachusetts, Montana, Nebraska, and Rhode Island (after a year of service) generally require it. In most others, your written policy decides.
Which states have no final paycheck law?
Alabama, Florida, Georgia, and Mississippi have no state final pay law. Paying by the next regular payday is the safe practice.
What are the penalties for a late final paycheck?
They vary. California charges waiting time penalties of up to 30 days of wages, Massachusetts requires triple damages, and Louisiana allows up to 90 days of penalty wages.
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<a href="https://www.hrtally.com/state-labor-laws/final-paycheck-laws-by-state/">Final paycheck laws by state: deadlines and PTO payout</a> (source: HRTally)
Suggested citation: HRTally Research Team. "Final paycheck laws by state: deadlines and PTO payout." HRTally, updated October 20, 2026. https://www.hrtally.com/state-labor-laws/final-paycheck-laws-by-state/
General information for US employers, not legal advice. Laws change and have exceptions by industry, employer size, and city. Confirm current rules with the state agency or employment counsel before you rely on them.
Written by the HRTally Research Team
Our guides are written and reviewed by people with hands-on US HR, payroll, and HR technology experience. Legal and tax facts are checked against primary sources, such as the Department of Labor, IRS, EEOC, and USCIS, and linked at the end of each guide. Vendors never review or pay for our editorial content.