PTO payout rules by state
Whether unused vacation or PTO is paid out when you leave generally depends on the state you work in. In California, Colorado, Illinois, Louisiana, Massachusetts, Montana, Nebraska, and North Dakota, accrued vacation is generally owed to you when the job ends. In Rhode Island, it generally depends on a condition, such as how long you worked there. Where no state rule requires payout, the employer's written policy generally decides. Required sick leave is usually treated separately and generally does not have to be paid out.
Check your own balance with the PTO payout checker.
Every state at a glance
9 states have a guide so far. Each of those rows sums up what that state’s guide says. The others are marked “Guide coming.”
| State | Paid out? | The rule | When it is due | Exceptions | Guide |
|---|---|---|---|---|---|
| Alabama | Guide coming | ||||
| Alaska | Guide coming | ||||
| Arizona | Guide coming | ||||
| Arkansas | Guide coming | ||||
| California | Yes | Accrued vacation is generally treated as earned wages, owed at your final rate of pay; use-it-or-lose-it policies are generally unenforceable. | With the final paycheck |
| California guide |
| Colorado | Yes | Accrued vacation is generally treated as wages that cannot be forfeited at termination, including the vacation part of a combined PTO bank. | Generally immediately after an involuntary termination; on the next regular payday after a quit |
| Colorado guide |
| Connecticut | Guide coming | ||||
| Delaware | Guide coming | ||||
| District of Columbia | Guide coming | ||||
| Florida | Guide coming | ||||
| Georgia | Guide coming | ||||
| Hawaii | Guide coming | ||||
| Idaho | Guide coming | ||||
| Illinois | Yes | Accrued vacation is generally treated as earned wages that cannot be forfeited at separation; a cap on future accrual is generally allowed. | With final compensation |
| Illinois guide |
| Indiana | Guide coming | ||||
| Iowa | Guide coming | ||||
| Kansas | Guide coming | ||||
| Kentucky | Guide coming | ||||
| Louisiana | Yes | Accrued, eligible unused vacation is generally an amount due at separation; the policy sets eligibility and accrual but cannot claw back time already earned. | Next regular payday or 15 days after separation, whichever comes first |
| Louisiana guide |
| Maine | Guide coming | ||||
| Maryland | Guide coming | ||||
| Massachusetts | Yes | Accrued vacation is generally treated as wages under the Wage Act and typically has to be included in the final check. | With the final check |
| Massachusetts guide |
| Michigan | Guide coming | ||||
| Minnesota | Guide coming | ||||
| Mississippi | Guide coming | ||||
| Missouri | Guide coming | ||||
| Montana | Yes | Earned vacation is generally treated as wages due at separation, though no single statute says so expressly. | Generally immediately after a discharge or layoff (a written policy can extend it to the next payday or 15 days, whichever comes first); next payday or 15 days after a resignation, whichever comes first |
| Montana guide |
| Nebraska | Yes | Courts generally treat accrued vacation as earned wages owed at termination; the rule comes from case law rather than a payout statute. | Not stated in the guide |
| Nebraska guide |
| Nevada | Guide coming | ||||
| New Hampshire | Guide coming | ||||
| New Jersey | Guide coming | ||||
| New Mexico | Guide coming | ||||
| New York | Guide coming | ||||
| North Carolina | Guide coming | ||||
| North Dakota | Yes | Accrued vacation is generally owed at separation by statute, with two narrow forfeiture exceptions. | No later than the next regular payday after separation |
| North Dakota guide |
| Ohio | Guide coming | ||||
| Oklahoma | Guide coming | ||||
| Oregon | Guide coming | ||||
| Pennsylvania | Guide coming | ||||
| Rhode Island | Depends | Accrued vacation generally becomes wages, payable in full, once you have completed one year of service; under a year, the policy typically controls. | Next regular payday after separation; within 24 hours if the business is closing, merging, or relocating |
| Rhode Island guide |
| South Carolina | Guide coming | ||||
| South Dakota | Guide coming | ||||
| Tennessee | Guide coming | ||||
| Texas | Guide coming | ||||
| Utah | Guide coming | ||||
| Vermont | Guide coming | ||||
| Virginia | Guide coming | ||||
| Washington | Guide coming | ||||
| West Virginia | Guide coming | ||||
| Wisconsin | Guide coming | ||||
| Wyoming | Guide coming | ||||
Sources
Each row cites what its state guide relies on. The guide has the detail and the current wording.
- California
- Colorado
- Colorado Wage Claim Act, C.R.S. § 8-4-101 (opens in a new tab)
- Nieto v. Clark's Market (Colo. 2021)
- C.R.S. § 8-4-109
- Healthy Families and Workplaces Act
- Illinois
- Louisiana
- Massachusetts
- M.G.L. c. 149 § 148 (opens in a new tab)
- M.G.L. c. 149 § 150 (opens in a new tab)
- M.G.L. c. 149 § 148C (Earned Sick Time Law)
- Montana
- Nebraska
- Roseland v. Strategic Staff Management (Neb.)
- Nebraska Wage Payment and Collection Act, Neb. Rev. Stat. §§ 48-1228 to 48-1234
- Neb. Rev. Stat. § 48-1229 (opens in a new tab)
- Nebraska Healthy Families and Workplaces Act, Neb. Rev. Stat. § 48-3801 et seq.
- North Dakota
- Rhode Island
Frequently asked questions
Does my employer have to pay out unused PTO when I leave?
It depends on your state. Among the states covered here, accrued vacation is generally owed when you leave in California, Colorado, Illinois, Louisiana, Massachusetts, Montana, Nebraska, and North Dakota. In Rhode Island, it generally depends on a condition, such as how long you worked there. Where no state rule requires payout, the employer's written policy generally decides.
Can a use-it-or-lose-it policy take away vacation I already earned?
In states that treat vacation as earned wages, generally no. A policy can usually cap how much more vacation you accrue, but it generally cannot erase time you have already earned. Where no such rule applies, the written policy generally controls.
Does unused sick leave get paid out too?
Generally not. In the states covered here, required sick leave usually does not have to be paid out when you leave unless the employer's policy promises it. A combined PTO bank that mixes vacation and sick time can be different: in California, Colorado, and Massachusetts, the full balance is generally treated as payable.
When does the payout have to arrive?
Generally with your final wages, so it follows your state's final paycheck deadline. The table shows the timing each state guide describes, and Final paycheck deadlines by state covers the deadlines in more detail.