Final Paycheck Laws in California
When a California employer must pay your last paycheck if you are fired, laid off or quit, and whether unused vacation must be paid out.
Short answer: Immediately, at the time of termination, including all accrued vacation. Special timelines apply to some seasonal, motion picture and oil drilling layoffs. Cal. Labor Code §§ 201, 203, 227.3; California Labor Commissioner, Paydays FAQ
| Final paycheck if fired or laid off | Immediately, at the time of termination, including all accrued vacation. Special timelines apply to some seasonal, motion picture and oil drilling layoffs. An employer that willfully pays late can owe a waiting-time penalty of a day's pay for each day late, up to 30 days. |
|---|---|
| Final paycheck if you quit | If the employee gave at least 72 hours' notice, final pay (including accrued vacation) is due on the last day of work. Without 72 hours' notice, it is due within 72 hours after quitting; the employee may ask for it to be mailed. |
| Unused vacation / PTO payout | Yes. Earned vacation and PTO are wages that cannot be forfeited; all earned, unused vacation or PTO must be paid at the final rate of pay when employment ends, for any reason. 'Use it or lose it' policies are illegal, although a reasonable cap on accrual is allowed. |
Where to get help in California
- California Labor Commissioner's Office (Division of Labor Standards Enforcement), Department of Industrial Relations
- File a complaint or claim
More California employment law
- Minimum Wage in California
- Meal and Rest Break Laws in California
- Wrongful Termination in California
- Paid Sick Leave in California
- Non-Compete Agreements in California
- All California employment law rules
FAQ
When do I get my final paycheck if I'm fired in California?
Immediately, at the time of termination, including all accrued vacation. Special timelines apply to some seasonal, motion picture and oil drilling layoffs. An employer that willfully pays late can owe a waiting-time penalty of a day's pay for each day late, up to 30 days.
When do I get my final paycheck if I quit in California?
If the employee gave at least 72 hours' notice, final pay (including accrued vacation) is due on the last day of work. Without 72 hours' notice, it is due within 72 hours after quitting; the employee may ask for it to be mailed.
Does an employer have to pay out unused PTO in California?
Yes. Earned vacation and PTO are wages that cannot be forfeited; all earned, unused vacation or PTO must be paid at the final rate of pay when employment ends, for any reason. 'Use it or lose it' policies are illegal, although a reasonable cap on accrual is allowed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.