When an employee leaves, you owe them a last paycheck, and the deadline depends on your state and on whether they quit or were let go. Below is a table of the rules we could confirm from each state's own statute or labor department page on 8 October 2026, followed by what the last pay stub should show and when the final W-2 is due.
Is there a federal final paycheck law?
No. The Department of Labor's last paycheck page says employers are not required by federal law to give former employees their final paycheck immediately, and that some states may require immediate payment. Federal law still requires that the last paycheck meets minimum wage and overtime for the hours worked, so a deduction that takes the final week below $7.25 an hour can be a problem even where the state is silent.
Final paycheck deadlines by state
| State | Fired or laid off | Quit |
|---|---|---|
| Arizona | Within 7 working days or the end of the next regular pay period, whichever is sooner | By the regular payday for the pay period in which they left; by mail if asked |
| California | Immediately, at the time of termination, including accrued vacation | Immediately with 72 hours' notice; within 72 hours without notice |
| Connecticut | Fired: by the next business day. Laid off: by the next regular payday | By the next regular payday |
| Hawaii | At discharge, or by the next working day | By the next regular payday; at quitting if they gave a pay period's notice |
| Illinois | At separation if possible, and no later than the next regular payday | Same as fired |
| Maine | By the next established payday | Same as fired |
| Minnesota | Immediately on the employee's demand; in default after 24 hours | First regular payday, or the second if the first is under 5 days away, within 20 calendar days |
| Missouri | At the time of termination | No state deadline |
| New Jersey | By the next regular payday for the pay period | Same as fired |
| New York | By the regular payday for the pay period in which employment ended; by mail if asked | Same as fired |
| North Dakota | By the next regular payday | Same as fired |
| Oregon | By the end of the next business day | Last day worked with 48 hours' notice; otherwise within 5 business days or the next payday, whichever is sooner |
| Pennsylvania | By the next scheduled payday | Same as fired |
| Virginia | On or before the date the wages would have been paid | Same as fired |
| Washington | At the end of the established pay period | Same as fired |
Each row is the core rule only; statutes have exceptions (for example, collective bargaining agreements in Minnesota, certain industries in Washington). States not in the table are left out because their official pages didn't load for us on 8 October 2026, not because they have no rule. Check your state labor department before the employee's last day.
Illinois paycheck calculator Pennsylvania paycheck calculator
Do I have to pay the final paycheck immediately?
Only in some states, and usually only when you end the job. California's Department of Industrial Relations says a discharged employee must be paid all wages, including accrued vacation, at the time of termination. Missouri's labor department says wages are due at the time of termination too. Hawaii allows the next working day, Connecticut the next business day after discharge, and Oregon the end of the next business day.
When the employee quits, most of the states in the table allow the next regular payday. California and Oregon are the exceptions that reward notice: with 72 hours' notice in California, or 48 hours' in Oregon, the last check is due on the last day.
What goes in the final paycheck
- All hours worked through the last day, at the regular rate, with any overtime.
- Earned commissions and bonuses that are due under your agreement. Illinois's FAQ lists bonuses, vacation pay, wages and commissions as final compensation.
- Accrued vacation where state law or your policy makes it wages. California counts accrued vacation as wages due at termination; Illinois says earned vacation can't be forfeited; Maine requires unused paid vacation accrued since 1 January 2023 to be paid out, except at the smallest employers.
- The usual withholding: federal and state income tax, Social Security and Medicare. A final check is a regular wage payment for tax purposes.
- Only lawful deductions. Some states, Maine among them, allow specific deductions from final pay, such as a documented loan, only when the employee signed for them.
Severance is a separate question. Illinois's FAQ says an employee isn't entitled to severance, sick pay or holiday pay on leaving unless the employer promised it in a contract or agreement. Check your own offer letters and handbook before the last day.
The final pay stub
In states that require a pay statement with each wage payment, the final paycheck needs one as well. Connecticut's § 31-13a requires a record of hours, gross earnings, deductions and net earnings with each wage payment, and New York's Department of Labor says workers get a wage statement each time they are paid. The last stub matters more than most, because it carries the year-to-date totals the W-2 will repeat.
Show the last pay period's dates, the pay date, hours or salary, any vacation payout as its own earnings line, every deduction, net pay, and year-to-date totals. If you mail the check, as Arizona and New York allow when the employee asks, mail the stub with it.
When is the final W-2 due?
The normal deadline applies unless the employee asks. The IRS General Instructions for Forms W-2 and W-3 (2026) say that if employment ends before December 31, 2026, you may give the W-2 any time after the job ends, and no later than February 1, 2027. If the former employee asks for it, give it within 30 days of the request or of the final wage payment, whichever is later.
Where PayDocs fits
PayDocs makes the final pay stub from your payroll figures, with the last pay period, a separate line for any vacation payout and year-to-date totals. PayDocs works out federal income tax, Social Security, Medicare and supported state taxes for 2026 pay dates (see what we calculate). Every line is editable, and you can preview it free. At year end, the W-2 generator makes the employee copies for a former employee from the same totals.
This is general information, not legal advice. Final pay rules change and have exceptions; your state labor department has the official version.
Questions
Is there a federal final paycheck law?
No. The Department of Labor says federal law doesn't require employers to give former employees their final paycheck immediately. Deadlines come from state law, and some states require immediate payment.
Do I have to pay the final paycheck immediately?
In some states, when you end the job. California and Missouri require payment at the time of termination. Others allow the next business day (Connecticut, Oregon) or the next regular payday (New York, Pennsylvania).
Is the deadline different if the employee quits?
Often. Connecticut, Hawaii, Arizona and Oregon give more time when the employee quits than when you fire them. Illinois, New Jersey, New York, Pennsylvania and Washington use one rule for both.
Does the final paycheck need a pay stub?
Where your state requires a pay statement with each payment, yes. Connecticut and New York, for example, require one each time wages are paid, so the final check needs one too.
When does a former employee get their W-2?
By February 1, 2027 for 2026 wages. You may give it any time after the job ends, and if they ask, within 30 days of the request or the final wage payment, whichever is later.
Sources
- U.S. Department of Labor: Last paycheck
- Arizona Revised Statutes § 23-353
- California Department of Industrial Relations: Paydays, pay periods and final wages FAQ
- Connecticut General Statutes, chapter 558, § 31-71c
- Connecticut General Statutes, chapter 557, § 31-13a
- Hawaii Wage Standards Division: Unpaid wages (HRS § 388-3)
- Illinois Department of Labor: Wage payment FAQ
- Maine Revised Statutes, Title 26, § 626
- Minnesota Statutes § 181.13
- Minnesota Statutes § 181.14
- Missouri Department of Labor: When are final wages due if an employee is terminated?
- Missouri Department of Labor: When are final wages due if an employee quits?
- New Jersey Department of Labor and Workforce Development: Wage and hour worker FAQs
- New York Labor Law § 191
- New York State Department of Labor: Wage statements
- North Dakota Department of Labor and Human Rights: Wage and hour FAQ
- Oregon Bureau of Labor and Industries: Paychecks
- Pennsylvania Department of Labor and Industry: Wage FAQs
- Code of Virginia § 40.1-29
- Revised Code of Washington 49.48.010
- IRS: General Instructions for Forms W-2 and W-3 (2026)
Sources checked October 8, 2026. This article explains how pay documents work; it is not tax or legal advice.





