Final paycheck laws by state: when final wages are due after a firing or a resignation in all 50 states and DC
Federal law does not require an immediate final paycheck, so the deadline comes from the state where the employee works. As of October 17, 2026, 13 jurisdictions make an employee's final wages due on the day of a firing or by about the next working day (California, Colorado, Connecticut, the District of Columbia, Hawaii, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, Oregon and Utah), while most states allow the next regular payday. Four states (Alabama, Florida, Georgia and Mississippi) have no final pay statute we could identify.
- Federal deadline
- No federal rule requiring immediate payment. The U.S. Department of Labor says federal law does not require an immediate final paycheck and that some states may require immediate payment
- Due on the day of firing or about the next working day
- 13 jurisdictions
- Shortest written deadlines
- "Immediately" (California, Colorado, Michigan, Montana, Nevada); "the day of discharge" (Massachusetts, Missouri)
- Longest common deadline
- Next payday or 21 calendar days, whichever is later (Tennessee)
- No state final pay statute identified
- Alabama, Florida, Georgia, Mississippi
- California waiting time penalty
- Up to 30 calendar days of the employee's daily wages
Figures above were read from each state's statute or labor agency page on 2026-10-17. See sources.
How the deadlines group
Most statutes treat a firing or layoff and a resignation differently. The groups below use the deadline for an employee the employer lets go.
- On the day of discharge or about the next working day (13). California, Colorado, Michigan, Montana and Nevada say "immediately"; Massachusetts and Missouri say the day of discharge; Connecticut and the District of Columbia allow the next business or working day; Hawaii allows the next working day if immediate payment is not possible; Oregon allows the end of the first business day; Utah allows 24 hours. Minnesota makes the wages due immediately on the employee's demand and puts the employer in default 24 hours after a written demand. Montana lets a written personnel policy extend the deadline to the next payday or 15 days, whichever comes first.
- A short fixed period (6). Alaska (3 working days), New Hampshire and Vermont (72 hours), New Mexico (5 days, or 10 days for task, piece or commission pay), Texas (6 calendar days) and Arizona (7 working days or the end of the next pay period, whichever is sooner).
- A payday rule with a day cap. Idaho (next payday or 10 days, weekends and holidays excluded), Louisiana (next payday or 15 days), Montana for quits (next payday or 15 days), Nebraska (next payday or two weeks), Nevada for quits (payday or 7 days) and the District of Columbia for quits (payday or 7 days) use whichever date comes first. Delaware (payday or 3 business days), Kentucky (payday or 14 days) and Tennessee (payday or 21 days) use whichever comes last. South Carolina allows 48 hours or the next payday, but not more than 30 days.
- The next regular payday. The remaining statutes tie the final pay to the payday the employee would have had, though the wording differs ("next regular payday", "the end of the established pay period" in Washington, "regularly scheduled payroll dates" in Wyoming). Oklahoma's labor department puts it plainly:
An employer may wait until the next regularly designated payday regardless of whether you quit or were fired.
- No final pay statute identified (4), plus Ohio. The Alabama Department of Labor says
Alabama does not have any state laws governing wage and hour issues.
We found no Florida, Georgia or Mississippi statute setting a final pay deadline. Ohio's wage payment law (ORC 4113.15) sets semimonthly paydays but has no separate final pay deadline.
Hiring in a new state comes with other state deadlines too; see new hire reporting by state.
When notice changes the deadline for a quit
A few states shorten the deadline when the employee gives notice before leaving.
- California. With at least 72 hours' notice, wages are due at the time of quitting; without it, within 72 hours (Labor Code 202).
- Hawaii. With at least one pay period's notice, all wages are due at the time of quitting; otherwise by the next regular payday.
- New Hampshire. With at least one pay period's notice, within 72 hours; otherwise by the next regular payday.
- Oregon. With at least 48 hours' notice (weekends and holidays excluded), immediately; otherwise within 5 days (weekends and holidays excluded) or by the next regular payday, whichever comes first.
- Alaska. The deadline is the next regular payday that is at least 3 days after the employer received notice.
Final paycheck deadlines by state
The table gives each deadline as the statute or the state agency states it. "Not addressed in the statute we read" means the section we read does not say whether accrued vacation or paid time off (PTO) must be paid out; other laws, court decisions or the employer's own policy may still apply. Each row names its own source.
| State | Employer ends the job (fired or laid off) | Employee quits | Accrued vacation or PTO | Penalty stated in the section read | Source |
|---|---|---|---|---|---|
| Alabama | No state final pay law. The Alabama Department of Labor says the state has no wage and hour laws and refers employers to federal rules | Same as fired | Not addressed | None stated | Alabama Dept. of Labor, Wage and Hour Info |
| Alaska | Within 3 working days after the termination, regardless of the cause | Next regular payday that is at least 3 days after the employer received notice | Not addressed in the statute we read | Regular pay from demand to payment, up to 90 working days | AS 23.05.140 |
| Arizona | Within 7 working days or the end of the next regular pay period, whichever is sooner | Regular payday for the pay period in which the termination occurred; by mail if requested | Not addressed in the statute we read | Violation is a petty offense | A.R.S. 23-353 |
| Arkansas | By the next regular payday (Ark. Code 11-4-405 as amended by Act 853 of 2019) | Not addressed in 11-4-405 as amended | Not addressed in the statute we read | Double the wages due if not paid within 7 days of the next regular payday | Act 853 of 2019 (HB 1751), section 7 |
| California | Immediately at the time of termination, including accrued vacation (Lab. Code 201) | At the time of quitting if 72 hours' notice was given; otherwise within 72 hours (Lab. Code 202) | Yes: all earned and unused vacation at the final rate of pay, unless a collective bargaining agreement provides otherwise (Lab. Code 227.3) | Waiting time penalty: daily rate for each day unpaid, up to 30 calendar days, for willful failure (Lab. Code 203) | DLSE: Paydays, pay periods, and the final wages; DLSE: Vacation; DLSE: Waiting time penalty |
| Colorado | Immediately; if the payroll unit is not operating, within 6 hours after the start of its next regular workday (24 hours if it is off the work site) | Next regular payday | Yes: all vacation pay earned and determinable under the agreement (C.R.S. 8-4-101(14)(a)(III)) | If unpaid 14 days after a written demand: the greater of 2 times the wages or $1,000; if willful, the greater of 3 times or $3,000 | C.R.S. 8-4-109 (Colorado Revised Statutes 2024, Title 8, uncertified printout) |
| Connecticut | Business day after the discharge | Next regular payday (also for layoffs) | Only if an employer policy or collective bargaining agreement provides for payment of accrued fringe benefits on termination (C.G.S. 31-76k) | Twice the wages plus costs and fees in a civil action, or the wages alone if the employer shows a good faith belief (C.G.S. 31-72) | CT DOL Wage Payment Laws summary (Dec. 2023), C.G.S. 31-71c |
| Delaware | The later of the next regular payday (as if employment had not stopped) or 3 business days after the last day worked | Same as fired (the rule covers quits, discharges, suspensions and layoffs) | Vacation pay owed under an agreement is among "benefits or wage supplements" due within 30 days after payment is required (19 Del. C. 1109) | Lower of 10% of unpaid wages per day (except Sundays and holidays) or an amount equal to the unpaid wages | 19 Del. C. 1103 |
| District of Columbia | Not later than the working day after the discharge (4 days if the employee handled the employer's money) | Next regular payday or within 7 days, whichever is earlier | Not addressed in the statute we read | 10% of unpaid wages per working day or treble the unpaid wages, whichever is smaller | D.C. Code 32-1303 |
| Florida | No state final pay statute identified | Same as fired | Not addressed | None identified | No statute found; see notes |
| Georgia | No state final pay statute identified. The Georgia DOL FAQ points unpaid workers to small claims (Magistrate) court | Same as fired | Not addressed | None identified | Georgia DOL FAQ: Laws and Regulations |
| Hawaii | At the time of discharge, or the next working day if conditions prevent immediate payment | Next regular payday; at the time of quitting if the employee gave at least one pay period's notice | A case note on the statute page (108 H. 411 (2005)) says unused vacation paid at separation was held not to be "wages" under HRS 388-1 | Not in the section we read | HRS 388-3 |
| Idaho | Earlier of the next regular payday or 10 days (weekends and holidays excluded); within 48 hours of a written request (weekends and holidays excluded) | Same as fired | Not addressed in the statute we read | Not in the section we read | Idaho Code 45-606 |
| Illinois | At separation if possible, but no later than the next regularly scheduled payday | Same as fired | Yes: earned vacation under a contract or policy is paid as final compensation; policies may not forfeit it | Not in the section we read | 820 ILCS 115/5 |
| Indiana | Regular payday for the pay period in which the separation occurred (IC 22-2-9-2) | Next usual and regular payday (IC 22-2-5-1(b)) | Not addressed in the statute we read | Not in the sections we read | Indiana Code Title 22, Article 2 (2026) |
| Iowa | Next regular payday for the pay period in which the wages were earned; commission differences within 30 days | Same as fired | If vacation is due under an agreement or policy that provides pro rata accrual, prorated for the part of the year worked | Not in the section we read | Iowa Code 91A.4 (2026) |
| Kansas | Next regular payday | Same as fired | Not addressed in the statute we read | For willful failure: 1% of unpaid wages per day after the 8th day, up to 100% | K.S.A. 44-315 |
| Kentucky | Next normal pay period or 14 days after separation, whichever is later | Same as fired | Not addressed in the statute we read | Not in the section we read | KRS 337.055 |
| Louisiana | Next regular payday or 15 days after discharge, whichever occurs first | Next regular payday for the pay cycle or 15 days after resignation, whichever occurs first | Yes, if the employee is eligible for and has accrued vacation under the employer's stated policy and has not taken or been paid for it; earned vacation may not be forfeited | 90 days' wages or full wages from demand until paid, whichever is less; good faith dispute limits this (La. R.S. 23:632) | La. R.S. 23:631; La. R.S. 23:632 |
| Maine | No later than the employee's next established payday | Same as fired | Yes for vacation accrued on or after Jan. 1, 2023, unless the employer has 10 or fewer employees or is a public employer | In a court action: the unpaid amount plus twice that amount as liquidated damages, interest, costs and fees | 26 M.R.S. 626 |
| Maryland | On or before the day the employee would have been paid had employment not ended | Same as fired | Accrued leave need not be paid only if a written policy limits it, the employee was notified, and the policy does not entitle the employee to it | Not in the section we read | Md. Lab. & Empl. 3-505 |
| Massachusetts | In full on the day of discharge | Following regular payday; if none, the following Saturday | Yes: "wages" include holiday or vacation payments due under an oral or written agreement | Not in the section we read | M.G.L. c. 149, s. 148 |
| Michigan | Immediately, as soon as the amount can with due diligence be determined | As soon as the amount can with due diligence be determined (hand harvesting of crops: within 3 days) | Not addressed in the statute we read | Not in the section we read | MCL 408.475 |
| Minnesota | Immediately due on the employee's demand; the employer is in default if not paid within 24 hours after a written demand | First regularly scheduled payday after the final day; the second payday if the first is less than 5 calendar days away, but no more than 20 calendar days (migrant workers: within 3 days) | Not addressed in the statute we read | Average daily earnings for each day in default, up to 15 days | Minn. Stat. 181.13; Minn. Stat. 181.14 |
| Mississippi | No state final pay statute identified | Same as fired | Not addressed | None identified | No statute found; see notes |
| Missouri | Due on the day of discharge; the employee may request in writing that the pay be sent | Not addressed in RSMo 290.110 | Not addressed in the statute we read | If not received within 7 days of the written request, wages continue at the same rate, up to 60 days | RSMo 290.110 |
| Montana | Immediately on separation for cause or layoff, unless a written personnel policy extends it to the next regular payday or 15 days, whichever is first | Next regular payday or 15 days after separation, whichever occurs first | Not addressed in the statute we read | Not in the section we read | MCA 39-3-205 |
| Nebraska | Next regular payday or within two weeks of termination, whichever is sooner (political subdivisions follow board meeting dates) | Same as fired | Yes: earned but unused vacation leave is wages; other paid leave is not unless specifically agreed (Neb. Rev. Stat. 48-1229(6)) | Not in the section we read | Neb. Rev. Stat. 48-1230; Neb. Rev. Stat. 48-1229 |
| Nevada | Immediately (also when the employee is placed on temporary layoff, "nonworking status") | The regular payday or 7 days after quitting, whichever is earlier | Not addressed in the statute we read | Wages continue at the same rate up to 30 days if not paid within 3 days after due (discharge) or on the due date (quit) (NRS 608.040) | NRS 608.020 to 608.040 |
| New Hampshire | Within 72 hours | Next regular payday; within 72 hours if the employee gave at least one pay period's notice (layoffs: next regular payday) | Vacation pay is wages when due if it is a matter of employment practice or policy (RSA 275:43, V) | For willful failure: 10% of unpaid wages per day (except Sundays and holidays), up to the unpaid amount | RSA 275:44; RSA 275:43 |
| New Jersey | Regular payday for the pay period in which the termination took place | Same as fired | The NJ DOL says vacation pay is not required by state law; if offered, it must follow the employer's policy or agreement | Not in the section we read | N.J.S.A. 34:11-4.3 (NJ DOL selected laws); NJ DOL employer FAQ |
| New Mexico | Within 5 days of discharge for fixed and definite amounts; within 10 days for task, piece or commission pay (NMSA 50-4-4) | Next succeeding payday (NMSA 50-4-5) | Yes: remaining vacation pay earned under the employer's policy, per the state Labor Relations Division | Wages continue at the same rate until paid, up to the 60th day after discharge (NMSA 50-4-4(C)) | NM DWS Labor Relations Division Investigations Manual (July 30, 2025) |
| New York | No later than the payday on which the next pay would have been due (Labor Law 191) | Same as fired | Labor Law 198-c lists vacation pay among "benefits or wage supplements" an employer that agreed to provide them must pay | Not in the pages we read | NYSDOL Frequency of Pay FAQ; NYSDOL Overview of Labor Laws (LS 125) |
| North Carolina | On or before the next regular payday; bonuses and commissions on the first regular payday after they can be calculated | Same as fired | Per company policy or practice; vacation may be forfeited only if employees were notified of the policy (G.S. 95-25.12) | Not in the section we read | G.S. 95-25.7; G.S. 95-25.12 |
| North Dakota | At the regular paydays established for the periods worked; paid by certified mail to an address the employee designates, or as agreed | Same as fired (regular paydays) | A private employer may withhold accrued PTO only in the cases listed in N.D.C.C. 34-14-09.2 | The agreed daily wage for each day in default, ending 30 days after default | N.D.C.C. ch. 34-14 |
| Ohio | No separate final pay deadline in ORC 4113.15, which sets semimonthly paydays for all wages | Same as fired | Not addressed in the statute we read | If wages stay unpaid 30 days past the regular payday with no dispute: 6% of the claim or $200, whichever is greater | ORC 4113.15 |
| Oklahoma | Next regular designated payday for the pay period in which the work was performed | Same as fired | Not addressed in the statute we read | If willfully withheld: 2% of unpaid wages per day, up to the unpaid amount | 40 O.S. 165.3 (Oklahoma DOL wage law compilation); Oklahoma DOL wage and hour FAQ |
| Oregon | End of the first business day after the discharge (also for termination by mutual agreement) | Immediately with at least 48 hours' notice (weekends and holidays excluded); otherwise within 5 days (weekends and holidays excluded) or the next regular payday, whichever is first | Not addressed in the statute we read | For willful failure: wages continue at 8 hours per day, up to 30 days (ORS 652.150) | ORS 652.140 and 652.150 |
| Pennsylvania | Next regular payday | Same as fired | Not addressed in the statute we read | Not in the section we read | 43 P.S. 260.5 (1961 Act 329, section 5) |
| Rhode Island | Next regular payday; within 24 hours if the separation results from liquidating, merging, disposing of or moving the business out of state | Same as fired | Yes after at least one year of service: accrued vacation is paid with the other wages on the next regular payday | Not in the section we read | R.I. Gen. Laws 28-14-4 |
| South Carolina | Within 48 hours of separation or the next regular payday, which may not exceed 30 days | Same as fired ("for any reason") | Not addressed in the statute we read | Up to three times the unpaid wages plus costs and fees in a civil action (S.C. Code 41-10-80(C)) | S.C. Code Title 41, ch. 10 |
| South Dakota | Next regular stated payday, or as soon after as the employee returns the employer's property | Same, for employees without a written contract for a definite period | Not addressed in the statute we read | Not in the sections we read | SDCL 60-11-10; SDCL 60-11-11 |
| Tennessee | Next regular payday or 21 calendar days after separation, whichever occurs last (Tenn. Code 50-2-103) | Same as fired | Not required unless the employer's policy or labor agreement specifically requires it (per TDLWD, citing 50-2-103(a)(3)) | Not in the pages we read | TDLWD: Does an employer have to pay all wages on separation date?; TDLWD: Accrued vacation |
| Texas | Within 6 calendar days of discharge, including layoffs (Labor Code 61.014) | Next regularly scheduled payday after the effective date of the resignation | Final pay includes fringe benefits payable under a written policy, per TWC | Not in the page we read | TWC Texas Guidebook for Employers: Final Pay |
| Utah | Due immediately; paid within 24 hours of separation | Next regular payday (employees without a written contract for a definite period) | Not addressed in the statute we read | If not paid within 24 hours of a written demand: wages continue from the demand, up to 60 days | Utah Code 34-28-5 |
| Vermont | Within 72 hours of discharge | Last regular payday, or the following Friday if there is no regular payday | Not addressed in the statute we read | Not in the section we read | 21 V.S.A. 342 |
| Virginia | On or before the date the employee would have been paid had employment not ended | Same as fired | Not addressed in the statute we read | Unpaid wages plus an equal amount as liquidated damages and 8% annual interest (40.1-29(H)); civil penalty up to $1,000 per knowing violation | Va. Code 40.1-29 |
| Washington | End of the established pay period | Same as fired | Not addressed in the statute we read | Not in the section we read | RCW 49.48.010 |
| West Virginia | On or before the next regular payday; fringe benefits due later under an agreement are paid on the agreement's terms | Same as fired (layoffs: next regular payday) | "Fringe benefits" are defined to include regular vacation (W. Va. Code 21-5-1(l)) | Not in the sections we read | W. Va. Code 21-5-4; W. Va. Code 21-5-1 |
| Wisconsin | The earlier of the regular payday under the established schedule or the date required by 109.03(1) (wages paid at least monthly, to within 31 days) | Same as fired (not for commission sales agents or definite-term contracts) | Not addressed in the statute we read | Not in the section we read | Wis. Stat. 109.03 |
| Wyoming | No later than the employer's usual practice on regularly scheduled payroll dates, or as a collective bargaining agreement specifies | Same as fired | Accrued vacation is excluded from wages only if a written policy says it is forfeited and the employee acknowledged the policy in writing (Wyo. Stat. 27-4-501(a)(iii)) | In court: 18% annual interest on past due wages plus fees and costs; willful violation is a misdemeanor, $500 to $750 per offense | Wyo. Stat. Title 27 (27-4-104, 27-4-105, 27-4-501) |
Accrued vacation and PTO
No federal law requires paying out unused vacation. The states that address it in the provisions we read fall into a few patterns:
- Paid out as wages. California (Labor Code 227.3), Colorado, Illinois, Massachusetts, Nebraska (earned but unused vacation; other paid leave only if agreed), New Mexico (per the state Labor Relations Division) and Rhode Island (after one year of service). California's labor commissioner says a discharged employee
must be paid all of his or her wages, including accrued vacation, immediately at the time of termination.
- Maine. Unused vacation accrued on or after January 1, 2023 must be paid at separation, unless the employer has 10 or fewer employees or is a public employer.
- Depends on the policy. Connecticut, Iowa, Louisiana, New Hampshire, North Carolina, Tennessee and Texas tie the payout to the employer's policy or agreement. Maryland and North Dakota let an employer withhold accrued leave only under conditions written into the statute, and Wyoming excludes accrued vacation from wages only when a written policy forfeits it and the employee acknowledged that policy in writing.
Recent changes in the statutes
- Delaware. 19 Del. C. 1103 now makes final wages due on the later of the next regular pay date or
Three business days after the last day worked.
The section's history lists 83 Del. Laws c. 444 as the latest amendment. - Arkansas. Act 853 of 2019 rewrote Ark. Code 11-4-405. The amended section requires an employer that discharges an employee to pay all wages due by the next regular payday, and an employer that misses that by 7 days
shall owe the employee double the wages due.
The older text, which tied the deadline to 7 days after an employee's demand, was replaced. - Nevada. A 2023 amendment to NRS 608.020 makes wages due immediately also when an employer places an employee on "nonworking status", defined as a temporary layoff with a possible recall.
- Louisiana. The history of La. R.S. 23:631 lists amendments by Acts 2024, No. 556 and Acts 2025, No. 113; the current text sets separate rules for discharges and resignations, each with a 15-day cap.
Where published tables differ from the statutes
We compared several payroll and HR vendor tables with the text above on 2026-10-17. These are the differences we could check against the statute itself:
- Nevada, fired. Several tables give "within three days" for a discharge. NRS 608.020 says the wages
shall become due and payable immediately.
The 3-day figure appears in NRS 608.040, where it is the point after which the waiting penalty (wages continuing up to 30 days) starts. - Montana, fired. Some tables say only "immediately". MCA 39-3-205(2) also allows a written personnel policy to extend the deadline to the next regular payday or 15 days, whichever comes first, which is why other tables show 15 days.
- Arkansas, fired. Some tables still describe payment within 7 days of an employee's demand. That was the wording replaced by Act 853 of 2019.
- Oklahoma. One table adds a 14-day alternative, whichever is later. 40 O.S. 165.3(A), as printed by the Oklahoma Department of Labor, says the next regular designated payday and gives no 14-day period.
- Delaware. One table lists only "next regular payday", without the 3-business-day alternative now in 19 Del. C. 1103.
- Missouri, quit. Tables disagree on whether Missouri has a rule for quits. RSMo 290.110 addresses only an employee the employer discharges or refuses to further employ.
Pay rates change on their own schedule; see state minimum wage increases on January 1, 2027.
What we could not confirm
- California statute text. The California Legislature's code site refused our request (HTTP 403); the California entries come from the Labor Commissioner (DLSE) pages, which cite Labor Code 201, 202, 203 and 227.3.
- Connecticut statute text. We could not read the Connecticut General Assembly's site (its robots.txt could not be retrieved), so the Connecticut entries come from the Connecticut Department of Labor's December 2023 summary of the wage payment laws.
- New York statute text. The New York Senate's law site refused our request (HTTP 403); the New York entries come from New York State Department of Labor publications.
- New Mexico statute text. We did not read NMSA 50-4-4 and 50-4-5 on the state's official compilation; the entries come from the New Mexico Department of Workforce Solutions' Investigations Manual (July 30, 2025). A department FAQ PDF refused our automated request.
- Arkansas codified text. The official Arkansas Code is published through a commercial provider we did not read; the entry comes from the text of Act 853 of 2019. The Arkansas Department of Labor and Licensing FAQ refused our request (HTTP 403). Arkansas has no rule for quits in 11-4-405 as amended; we did not find another one.
- Texas statute text. The Texas statutes site and the TWC Payday Law pages did not return readable text to our request; the entries come from TWC's Texas Guidebook for Employers.
- Tennessee statute text. Tennessee Code 50-2-103 is published through a commercial provider we did not read; the entries come from the Tennessee Department of Labor and Workforce Development's help center. Whether the rule applies only to employers above a certain size was not confirmed.
- Colorado. We read the 2024 printout of the Colorado Revised Statutes; changes made in the 2025 or 2026 sessions, if any, are not reflected.
- Florida and Mississippi. We found no state agency page on final pay for either state; where the table says no statute identified, it means we found none, not that an official source says none exists.
- Penalties. The penalty column lists only penalties in the sections we read. Many states set penalties or damages in other sections, which "Not in the section we read" does not rule out.
Questions
How long does an employer have to give a final paycheck?
It depends on the state where the employee works. Federal law does not require an immediate final paycheck. As of October 17, 2026, 13 jurisdictions require payment on the day of a firing or about the next working day, and most others allow the next regular payday. Tennessee allows the later of the next payday or 21 calendar days.
What are California's final paycheck laws?
A discharged employee must be paid all wages, including accrued vacation, immediately at the time of termination. An employee who quits with at least 72 hours' notice is paid at the time of quitting; without notice, within 72 hours. A willful failure can bring a waiting time penalty of up to 30 calendar days of wages (Labor Code 201, 202, 203 and 227.3, per the Labor Commissioner).
Which states have no final paycheck law?
We found no final pay statute for Alabama, Florida, Georgia or Mississippi. The Alabama Department of Labor says the state has no wage and hour laws. Ohio's wage law sets semimonthly paydays but no separate final pay deadline.
Is the deadline different if the employee quits?
In many states, yes. Arizona, California, Colorado, Connecticut, the District of Columbia, Massachusetts, Montana, Nevada, Oregon, Texas, Utah and Vermont, among others, set a later deadline for a quit than for a firing. California, Hawaii, New Hampshire and Oregon also shorten the quit deadline when the employee gives notice.
Does unused vacation have to be paid in the final paycheck?
Only where state law or the employer's policy requires it. California, Colorado, Illinois, Massachusetts, Nebraska, New Mexico, Rhode Island (after one year) and Maine (with exceptions) treat earned vacation as wages due at separation; many other states tie it to the employer's policy.
Sources
- U.S. Department of Labor: Last Paycheck - www.dol.gov, read 2026-10-17
- Alabama: Alabama Dept. of Labor, Wage and Hour Info - labor.alabama.gov, read 2026-10-17
- Alaska: AS 23.05.140 - www.akleg.gov, read 2026-10-17
- Arizona: A.R.S. 23-353 - www.azleg.gov, read 2026-10-17
- Arkansas: Act 853 of 2019 (HB 1751), section 7 - www.arkleg.state.ar.us, read 2026-10-17
- California: DLSE: Paydays, pay periods, and the final wages - www.dir.ca.gov, read 2026-10-17
- California: DLSE: Vacation - www.dir.ca.gov, read 2026-10-17
- California: DLSE: Waiting time penalty - www.dir.ca.gov, read 2026-10-17
- Colorado: C.R.S. 8-4-109 (Colorado Revised Statutes 2024, Title 8, uncertified printout) - leg.colorado.gov, read 2026-10-17
- Connecticut: CT DOL Wage Payment Laws summary (Dec. 2023), C.G.S. 31-71c - portal.ct.gov, read 2026-10-17
- Delaware: 19 Del. C. 1103 - delcode.delaware.gov, read 2026-10-17
- District of Columbia: D.C. Code 32-1303 - code.dccouncil.gov, read 2026-10-17
- Georgia: Georgia DOL FAQ: Laws and Regulations - dol.georgia.gov, read 2026-10-17
- Hawaii: HRS 388-3 - www.capitol.hawaii.gov, read 2026-10-17
- Idaho: Idaho Code 45-606 - legislature.idaho.gov, read 2026-10-17
- Illinois: 820 ILCS 115/5 - www.ilga.gov, read 2026-10-17
- Indiana: Indiana Code Title 22, Article 2 (2026) - iga.in.gov, read 2026-10-17
- Iowa: Iowa Code 91A.4 (2026) - www.legis.iowa.gov, read 2026-10-17
- Kansas: K.S.A. 44-315 - www.ksrevisor.gov, read 2026-10-17
- Kentucky: KRS 337.055 - apps.legislature.ky.gov, read 2026-10-17
- Louisiana: La. R.S. 23:631 - legis.la.gov, read 2026-10-17
- Louisiana: La. R.S. 23:632 - legis.la.gov, read 2026-10-17
- Maine: 26 M.R.S. 626 - legislature.maine.gov, read 2026-10-17
- Maryland: Md. Lab. & Empl. 3-505 - mgaleg.maryland.gov, read 2026-10-17
- Massachusetts: M.G.L. c. 149, s. 148 - malegislature.gov, read 2026-10-17
- Michigan: MCL 408.475 - www.legislature.mi.gov, read 2026-10-17
- Minnesota: Minn. Stat. 181.13 - www.revisor.mn.gov, read 2026-10-17
- Minnesota: Minn. Stat. 181.14 - www.revisor.mn.gov, read 2026-10-17
- Missouri: RSMo 290.110 - revisor.mo.gov, read 2026-10-17
- Montana: MCA 39-3-205 - archive.legmt.gov, read 2026-10-17
- Nebraska: Neb. Rev. Stat. 48-1230 - nebraskalegislature.gov, read 2026-10-17
- Nebraska: Neb. Rev. Stat. 48-1229 - nebraskalegislature.gov, read 2026-10-17
- Nevada: NRS 608.020 to 608.040 - www.leg.state.nv.us, read 2026-10-17
- New Hampshire: RSA 275:44 - gc.nh.gov, read 2026-10-17
- New Hampshire: RSA 275:43 - gc.nh.gov, read 2026-10-17
- New Jersey: N.J.S.A. 34:11-4.3 (NJ DOL selected laws) - www.nj.gov, read 2026-10-17
- New Jersey: NJ DOL employer FAQ - www.nj.gov, read 2026-10-17
- New Mexico: NM DWS Labor Relations Division Investigations Manual (July 30, 2025) - www.dws.nm.gov, read 2026-10-17
- New York: NYSDOL Frequency of Pay FAQ - dol.ny.gov, read 2026-10-17
- New York: NYSDOL Overview of Labor Laws (LS 125) - forms.labor.ny.gov, read 2026-10-17
- North Carolina: G.S. 95-25.7 - www.ncleg.gov, read 2026-10-17
- North Carolina: G.S. 95-25.12 - www.ncleg.gov, read 2026-10-17
- North Dakota: N.D.C.C. ch. 34-14 - ndlegis.gov, read 2026-10-17
- Ohio: ORC 4113.15 - codes.ohio.gov, read 2026-10-17
- Oklahoma: 40 O.S. 165.3 (Oklahoma DOL wage law compilation) - oklahoma.gov, read 2026-10-17
- Oklahoma: Oklahoma DOL wage and hour FAQ - oklahoma.gov, read 2026-10-17
- Oregon: ORS 652.140 and 652.150 - www.oregonlegislature.gov, read 2026-10-17
- Pennsylvania: 43 P.S. 260.5 (1961 Act 329, section 5) - www.palegis.us, read 2026-10-17
- Rhode Island: R.I. Gen. Laws 28-14-4 - webserver.rilegislature.gov, read 2026-10-17
- South Carolina: S.C. Code Title 41, ch. 10 - www.scstatehouse.gov, read 2026-10-17
- South Dakota: SDCL 60-11-10 - sdlegislature.gov, read 2026-10-17
- South Dakota: SDCL 60-11-11 - sdlegislature.gov, read 2026-10-17
- Tennessee: TDLWD: Does an employer have to pay all wages on separation date? - lwdsupport.tn.gov, read 2026-10-17
- Tennessee: TDLWD: Accrued vacation - lwdsupport.tn.gov, read 2026-10-17
- Texas: TWC Texas Guidebook for Employers: Final Pay - efte.twc.texas.gov, read 2026-10-17
- Utah: Utah Code 34-28-5 - le.utah.gov, read 2026-10-17
- Vermont: 21 V.S.A. 342 - legislature.vermont.gov, read 2026-10-17
- Virginia: Va. Code 40.1-29 - law.lis.virginia.gov, read 2026-10-17
- Washington: RCW 49.48.010 - app.leg.wa.gov, read 2026-10-17
- West Virginia: W. Va. Code 21-5-4 - code.wvlegislature.gov, read 2026-10-17
- West Virginia: W. Va. Code 21-5-1 - code.wvlegislature.gov, read 2026-10-17
- Wisconsin: Wis. Stat. 109.03 - docs.legis.wisconsin.gov, read 2026-10-17
- Wyoming: Wyo. Stat. Title 27 (27-4-104, 27-4-105, 27-4-501) - wyoleg.gov, read 2026-10-17
Source links are not affiliate links. This page is general information, not legal or tax advice. Final pay rules depend on the facts, the employment contract or policy, and the state.
