Final Paycheck Laws in New York
When a New York employer must pay your last paycheck if you are fired, laid off or quit, and whether unused vacation must be paid out.
Short answer: Final wages must be paid by the regular payday for the pay period worked, and mailed if the employee asks. New York State Department of Labor, Wages and Hours FAQ; Labor Law §191(3)
| Final paycheck if fired or laid off | Final wages must be paid by the regular payday for the pay period worked, and mailed if the employee asks. |
|---|---|
| Final paycheck if you quit | Same rule: by the regular payday for the pay period worked. |
| Unused vacation / PTO payout | Depends on the employer's policy. If the employee earned vacation time and there is no written policy saying it is forfeited, the employer must pay accrued vacation at separation. Employers must notify employees in writing or by posting of their vacation and leave policies. |
Where to get help in New York
More New York employment law
- Minimum Wage in New York
- Meal and Rest Break Laws in New York
- Wrongful Termination in New York
- Paid Sick Leave in New York
- All New York employment law rules
FAQ
When do I get my final paycheck if I'm fired in New York?
Final wages must be paid by the regular payday for the pay period worked, and mailed if the employee asks.
When do I get my final paycheck if I quit in New York?
Same rule: by the regular payday for the pay period worked.
Does an employer have to pay out unused PTO in New York?
Depends on the employer's policy. If the employee earned vacation time and there is no written policy saying it is forfeited, the employer must pay accrued vacation at separation. Employers must notify employees in writing or by posting of their vacation and leave policies.
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.