Which states require paying accrued PTO on the final check?

Seven: California, Colorado, the District of Columbia, Maine, Minnesota, Nevada and Virginia. Illinois, Massachusetts and Connecticut pay unless a valid written forfeiture term applies. Everywhere else the plan document controls. The PTO calculator labels your state.

Can a use-it-or-lose-it rule erase my balance?

In a policy-only state, yes: the plan is the rule. In Illinois, Massachusetts and Connecticut a forfeiture term must be written, valid, and in force on your last day. In the seven cash-out states, forfeiture clauses cannot erase accrued vacation. See the use-it-or-lose-it entry.

When does the PTO money have to arrive?

With the final check, on the state's final-pay clock: 10 days in the District, 24 hours on written demand in Minnesota, at separation in California and Colorado, next payday in the next-payday states. The final-pay calculator prints the date.

Does a transfer or an acquisition change the payout?

The plan document in force on your last day in the old role decides. Ask for the balance in writing before the move, and confirm whether tenure and accrual follow the employment record. The transfer generator includes the service-credit ask.

State PTO Laws 2026: Mandates and Deadlines

Which States Mandate PTO

Colorado, New York, Michigan, and more states add paid sick and PTO mandates in 2026, with accrual at one hour per 30-40 worked. Small-employer phase-in dates run through 2027. Federal law has no PTO mandate, so state rules decide accrual, carry-over, and payout.

Payout at Exit

Final pay rules split by state: California forces payout of accrued PTO at termination, while most states pay only what the plan document promises. Written plan language controls; a policy manual that says "PTO expires on the anniversary" is enforceable in many states. Check your balance in writing the week you exit — the PTO before exit guide lists the request wording, and the standard resignation generator adds a balance line to the letter.

Carry-Over Caps and Use-It-Rules

Carry-over caps of 40-80 hours are legal in most states; "use it or lose it" needs a reminder notice to stick.
Sick accrual tied to FMLA-protected absences cannot be forfeited in mandate states.
PTO denial patterns feed retaliation claims — keep the ask in email form via the deadline extension tool.

FMLA and ADA overlap: see the FMLA/ADA guide for protected time that PTO plans cannot erase. Mandate states count accrual during layoff weeks in a few cases; the layoff week guide shows which.

The Compliance Checklist

Employers must post the state PTO notice, keep accrual records for three years, and honor anti-retaliation rules. Workers get the strongest record from the accrual statement — ask for it quarterly. Related: PTO accrual basics and the exit checklist for final-day paperwork.

Rule windows by state (50 states)

Rows are rule categories, not statutory citations. Confirm the current text with the state agency named on the state page before quoting it in a filing.

State	PTO & Vacation Payout	State rule page
California	State law requires paying accrued, unused vacation on the final check.	CA PTO Payout
Colorado	State law requires paying accrued, unused vacation on the final check.	CO PTO Payout
Illinois	Earned vacation has wage status, so payout is owed — unless a valid written forfeiture term in the policy, plan, or CBA wipes the balance.	IL PTO Payout
New York	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	NY PTO Payout
New Jersey	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	NJ PTO Payout
Washington	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	WA PTO Payout
Massachusetts	Earned vacation has wage status, so payout is owed — unless a valid written forfeiture term in the policy, plan, or CBA wipes the balance.	MA PTO Payout
Texas	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	TX PTO Payout
Florida	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	FL PTO Payout
Ohio	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	OH PTO Payout
Georgia	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	GA PTO Payout
North Carolina	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	NC PTO Payout
Michigan	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	MI PTO Payout
District of Columbia	State law requires paying accrued, unused vacation on the final check.	DC PTO Payout
Connecticut	Earned vacation has wage status, so payout is owed — unless a valid written forfeiture term in the policy, plan, or CBA wipes the balance.	CT PTO Payout
Maine	State law requires paying accrued, unused vacation on the final check.	ME PTO Payout
Minnesota	State law requires paying accrued, unused vacation on the final check.	MN PTO Payout
Nevada	State law requires paying accrued, unused vacation on the final check.	NV PTO Payout
Arizona	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	AZ PTO Payout
Wisconsin	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	WI PTO Payout
Oregon	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	OR PTO Payout
Pennsylvania	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	PA PTO Payout
Virginia	State law requires paying accrued, unused vacation on the final check.	VA PTO Payout
Tennessee	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	TN PTO Payout
Indiana	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	IN PTO Payout
Iowa	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	IA PTO Payout
Kansas	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	KS PTO Payout
Kentucky	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	KY PTO Payout
Louisiana	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	LA PTO Payout
Maryland	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	MD PTO Payout
Mississippi	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	MS PTO Payout
Missouri	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	MO PTO Payout
Montana	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	MT PTO Payout
Nebraska	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	NE PTO Payout
New Hampshire	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	NH PTO Payout
New Mexico	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	NM PTO Payout
North Dakota	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	ND PTO Payout
Oklahoma	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	OK PTO Payout
South Carolina	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	SC PTO Payout
South Dakota	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	SD PTO Payout
Utah	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	UT PTO Payout
Vermont	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	VT PTO Payout
West Virginia	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	WV PTO Payout
Wyoming	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	WY PTO Payout
Alaska	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	AK PTO Payout
Alabama	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	AL PTO Payout
Arkansas	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	AR PTO Payout
Delaware	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	DE PTO Payout
Hawaii	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	HI PTO Payout
Idaho	Payout follows your written policy, plan, or contract; the handbook language controls the outcome.	ID PTO Payout

Put the rule into action

Three categories, and which states sit in each

Accrued vacation on exit falls into three categories, and the category decides whether you get a number or an argument.

Cash-out required by state rule: California, Colorado, the District of Columbia, Maine, Minnesota, Nevada and Virginia treat accrued, unused time off as wages on the final check. Maine's rule reaches employers with 11 or more staff; the District pairs it with a 10-day final-pay window.
Wages unless a valid written term forfeits it: Illinois, Massachusetts and Connecticut. A handbook line, a plan document, or a collective bargaining agreement can carry a forfeiture clause, so the payout turns on the document that was in force on your last day.
Policy controls: most other states, including New York, Texas, Florida, Georgia, Ohio, Washington, Michigan and Pennsylvania. Nothing is owed by law; the plan is the whole answer.

Federal law sets no vacation payout at all, so the state category plus your plan document decide everything. Confirm the state side with the agency named on your state PTO page before you assert a right to cash-out.

The documents that decide the number

Three documents control the payout, and you need all three before your last day:

The accrual record: balance, accrual rate, and any cap.
The plan or handbook version in force on your last day: forfeiture language, use-it-or-lose-it windows, and carry-over rules. Later drafts do not apply to you.
The written request and the reply: a dated ask converts policy language into a figure you can quote.

The PTO payout calculator multiplies hours by rate and labels your state's category; the PTO payout request generator puts the balance in writing. Read the use-it-or-lose-it entry before you accept a forfeiture clause as final: in the three forfeitable states the clause has to be valid, written, and in force on your last day.

Timing: when the balance must be paid

Where cash-out is required, payout rides on the final-pay window, not on a separate clock. In the District the check is due within 10 days of the last day. In Minnesota a written demand starts a per-day penalty capped at 15 days if the check misses 24 hours. In California and Colorado the payout rides the at-separation rule. In next-payday states it rides the next payday. That is why the PTO ask and the final-pay ask belong in the same letter: one dated demand, one deadline.

Run both numbers before you send anything: the final-pay calculator prints the due date, and the PTO calculator prints the balance. Keep both outputs with the request. The PTO accrual entry explains what counts as accrued when the plan uses a different clock than your payslip.

Scripts and wording

"My balance on [date] was [hours] accrued hours at a rate of $[rate]. Under [state]'s rule, accrued [vacation / paid time off] is wages payable with the final check, due [date]. Please pay it with the final check and confirm the hours and the amount in writing."

In a forfeitable state, swap the middle line: "[state] treats earned vacation as wages unless a written forfeiture term in the policy that was in force on my last day applies. Please identify that term, or pay the balance." In a policy-only state, quote the plan line itself, not the state.

Frequently Asked Questions

Which states require paying accrued PTO on the final check?: Seven: California, Colorado, the District of Columbia, Maine, Minnesota, Nevada and Virginia. Illinois, Massachusetts and Connecticut pay unless a valid written forfeiture term applies. Everywhere else the plan document controls. The PTO calculator labels your state.
Can a use-it-or-lose-it rule erase my balance?: In a policy-only state, yes: the plan is the rule. In Illinois, Massachusetts and Connecticut a forfeiture term must be written, valid, and in force on your last day. In the seven cash-out states, forfeiture clauses cannot erase accrued vacation. See the use-it-or-lose-it entry.
When does the PTO money have to arrive?: With the final check, on the state's final-pay clock: 10 days in the District, 24 hours on written demand in Minnesota, at separation in California and Colorado, next payday in the next-payday states. The final-pay calculator prints the date.
Does a transfer or an acquisition change the payout?: The plan document in force on your last day in the old role decides. Ask for the balance in writing before the move, and confirm whether tenure and accrual follow the employment record. The transfer generator includes the service-credit ask.