Final Paycheck Laws in Delaware
When a Delaware employer must pay your last paycheck if you are fired, laid off or quit, and whether unused vacation must be paid out.
Short answer: By the later of (1) the next regular payday for the period worked, or (2) three business days after the last day worked. This applies whether the employee is discharged, suspended or laid off. 19 Del. C. § 1103(a)
| Final paycheck if fired or laid off | By the later of (1) the next regular payday for the period worked, or (2) three business days after the last day worked. This applies whether the employee is discharged, suspended or laid off. The employee may ask for the check to be mailed. An employer that fails to pay without a reasonable dispute owes liquidated damages of 10% of the unpaid wages per day (excluding Sundays and holidays), up to the amount of the unpaid wages. Re-verified 2026-10-27. Source: 19 Del. C. § 1103(a) |
|---|---|
| Final paycheck if you quit | By the later of (1) the next regular payday for the period worked, or (2) three business days after the last day worked. Re-verified 2026-10-27. Source: 19 Del. C. § 1103(a) |
| Unused vacation / PTO payout | Depends on the employer's policy or agreement. Vacation pay promised under an agreement must be paid within 30 days after it is due. Employers with more than 3 employees must make their vacation and sick leave policies available to employees in writing or by posted notice. Re-verified 2026-10-27. Source: 19 Del. C. §§ 1108(3), 1109 |
Where to get help in Delaware
More Delaware employment law
- Minimum Wage in Delaware
- Meal and Rest Break Laws in Delaware
- Wrongful Termination in Delaware
- Non-Compete Agreements in Delaware
- All Delaware employment law rules
FAQ
When do I get my final paycheck if I'm fired in Delaware?
By the later of (1) the next regular payday for the period worked, or (2) three business days after the last day worked. This applies whether the employee is discharged, suspended or laid off. The employee may ask for the check to be mailed.
When do I get my final paycheck if I quit in Delaware?
By the later of (1) the next regular payday for the period worked, or (2) three business days after the last day worked.
Does an employer have to pay out unused PTO in Delaware?
Depends on the employer's policy or agreement. Vacation pay promised under an agreement must be paid within 30 days after it is due. Employers with more than 3 employees must make their vacation and sick leave policies available to employees in writing or by posted notice.
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.