Final Paycheck Laws in Illinois
When a Illinois employer must pay your last paycheck if you are fired, laid off or quit, and whether unused vacation must be paid out.
Short answer: At the time of separation if possible, and no later than the next regularly scheduled payday. If the employee asks in writing, the final check must be mailed. 820 ILCS 115/5
| Final paycheck if fired or laid off | At the time of separation if possible, and no later than the next regularly scheduled payday. If the employee asks in writing, the final check must be mailed. Source: 820 ILCS 115/5 |
|---|---|
| Final paycheck if you quit | Same as for firing: at separation if possible, and no later than the next regularly scheduled payday. Source: 820 ILCS 115/5 |
| Unused vacation / PTO payout | Yes. If an employment contract or policy provides paid vacation, all earned, unused vacation must be paid at the final rate of pay when the employee quits or is fired, and no contract or policy can forfeit it (unless a collective bargaining agreement provides otherwise). Source: 820 ILCS 115/5 |
Where to get help in Illinois
More Illinois employment law
- Minimum Wage in Illinois
- Meal and Rest Break Laws in Illinois
- Wrongful Termination in Illinois
- Paid Sick Leave in Illinois
- Non-Compete Agreements in Illinois
- All Illinois employment law rules
FAQ
When do I get my final paycheck if I'm fired in Illinois?
At the time of separation if possible, and no later than the next regularly scheduled payday. If the employee asks in writing, the final check must be mailed.
When do I get my final paycheck if I quit in Illinois?
Same as for firing: at separation if possible, and no later than the next regularly scheduled payday.
Does an employer have to pay out unused PTO in Illinois?
Yes. If an employment contract or policy provides paid vacation, all earned, unused vacation must be paid at the final rate of pay when the employee quits or is fired, and no contract or policy can forfeit it (unless a collective bargaining agreement provides otherwise).
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.