Final Paycheck Laws in Wisconsin
When a Wisconsin employer must pay your last paycheck if you are fired, laid off or quit, and whether unused vacation must be paid out.
Short answer: Paid in full no later than the next regular payday under the employer's payroll schedule, or within 31 days, whichever is earlier (does not apply to commissioned sales agents or employees with a written contract for a definite period). Wis. Stat. § 109.03(2)
| Final paycheck if fired or laid off | Paid in full no later than the next regular payday under the employer's payroll schedule, or within 31 days, whichever is earlier (does not apply to commissioned sales agents or employees with a written contract for a definite period). Source: Wis. Stat. § 109.03(2) |
|---|---|
| Final paycheck if you quit | Same as when fired: by the next regular payday, or within 31 days, whichever is earlier. Source: Wis. Stat. § 109.03(2) |
| Unused vacation / PTO payout | Not required by statute. DWD can pursue claims for vacation pay and similar benefits when they were agreed between employer and employee or provided under the employer's established policy. Source: Wis. Stat. ch. 109 |
Where to get help in Wisconsin
- Wisconsin Department of Workforce Development (DWD), Equal Rights Division, Labor Standards Bureau
- File a complaint or claim
More Wisconsin employment law
- Minimum Wage in Wisconsin
- Meal and Rest Break Laws in Wisconsin
- Wrongful Termination in Wisconsin
- Non-Compete Agreements in Wisconsin
- All Wisconsin employment law rules
FAQ
When do I get my final paycheck if I'm fired in Wisconsin?
Paid in full no later than the next regular payday under the employer's payroll schedule, or within 31 days, whichever is earlier (does not apply to commissioned sales agents or employees with a written contract for a definite period).
When do I get my final paycheck if I quit in Wisconsin?
Same as when fired: by the next regular payday, or within 31 days, whichever is earlier.
Does an employer have to pay out unused PTO in Wisconsin?
Not required by statute. DWD can pursue claims for vacation pay and similar benefits when they were agreed between employer and employee or provided under the employer's established policy.
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.