Final Paycheck Laws in New Mexico
When a New Mexico employer must pay your last paycheck if you are fired, laid off or quit, and whether unused vacation must be paid out.
Short answer: Within five days of discharge for wages of a fixed and definite amount, such as hourly wages, salary, day rates, and accrued, unused vacation pay. Task, piece and commission wages must be paid within ten days of discharge. NMDWS Labor Relations Division, Frequently Asked Questions about Wage and Hour Rights (rev. 06/2023)
| Final paycheck if fired or laid off | Within five days of discharge for wages of a fixed and definite amount, such as hourly wages, salary, day rates, and accrued, unused vacation pay. Task, piece and commission wages must be paid within ten days of discharge. An employer may owe additional damages for paying a terminated employee late. |
|---|---|
| Final paycheck if you quit | On the next payday, unless the employee has a written contract for a definite period. No law requires an employee to give notice before quitting. |
| Unused vacation / PTO payout | Yes. Accrued vacation pay counts as wages in New Mexico, so vacation pay earned under the employer's vacation policy and still unused must be paid out when employment ends, on the same deadline as other final wages. No statute requires employers to offer holiday, sick or severance pay in the first place. |
Where to get help in New Mexico
More New Mexico employment law
- Minimum Wage in New Mexico
- Meal and Rest Break Laws in New Mexico
- Wrongful Termination in New Mexico
- Paid Sick Leave in New Mexico
- All New Mexico employment law rules
FAQ
When do I get my final paycheck if I'm fired in New Mexico?
Within five days of discharge for wages of a fixed and definite amount, such as hourly wages, salary, day rates, and accrued, unused vacation pay. Task, piece and commission wages must be paid within ten days of discharge. An employer may owe additional damages for paying a terminated employee late.
When do I get my final paycheck if I quit in New Mexico?
On the next payday, unless the employee has a written contract for a definite period. No law requires an employee to give notice before quitting.
Does an employer have to pay out unused PTO in New Mexico?
Yes. Accrued vacation pay counts as wages in New Mexico, so vacation pay earned under the employer's vacation policy and still unused must be paid out when employment ends, on the same deadline as other final wages. No statute requires employers to offer holiday, sick or severance pay in the first place.
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.