PTO Payout Laws by State 2026: All 50 States + D.C.

Every US state plus Washington, D.C. in one table: whether accrued vacation must be paid out upon termination, whether use-it-or-lose-it forfeiture is prohibited, and the key nuance per state.

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Which states require vacation payout upon termination?

10 states require it outright, because they treat accrued vacation as earned wages that cannot be forfeited: California, Colorado, Illinois, Indiana, Louisiana, Maine, Massachusetts, Montana, Nebraska and North Dakota. In those states the payout is owed whether you quit or are fired, and regardless of what the company policy says. Another 5 states require payout conditionally, typically unless the written policy or contract explicitly excludes it. In every other state the written company policy decides: what it promises is enforceable, what it excludes is forfeited. The table summarizes the rule per state; for the math and a net estimate, the PTO payout calculator has a dedicated page per state.

PTO payout rules at separation, all US states + D.C.
StatePayout ruleUse-it-or-lose-it prohibitedNote
AlabamaDepends on employer policyNoNo state statute requiring payout; payout depends on the employer's written policy.
AlaskaDepends on employer policyNoNo state income tax. Payout depends on employer policy.
ArizonaDepends on employer policyNoPayout depends on employer policy. State uses the regular withholding method (no flat supplemental rate).
ArkansasDepends on employer policyNoPayout depends on employer policy.
CaliforniaPayout requiredYesAccrued vacation is earned wages: payout is required and use-it-or-lose-it is prohibited. CA supplemental rate is 6.6% (10.23% for bonuses/stock options).
ColoradoPayout requiredYesAccrued vacation must be paid out; forfeiture is prohibited. Regular withholding method.
ConnecticutDepends on employer policyNoPayout depends on employer policy. Regular withholding method.
DelawareDepends on employer policyNoPayout depends on employer policy. No flat supplemental rate (state suggests ~5% for some payments).
District of ColumbiaDepends on employer policyNoPayout depends on employer policy. Regular withholding method.
FloridaDepends on employer policyNoNo state income tax. Payout depends on employer policy.
GeorgiaDepends on employer policyNoPayout depends on employer policy. Regular withholding method.
HawaiiDepends on employer policyNoPayout depends on employer policy. Regular withholding method.
IdahoDepends on employer policyNoPayout depends on employer policy. Supplemental withholding varies (no single flat rate).
IllinoisPayout requiredNoEarned vacation must be paid out under the IL Wage Payment and Collection Act. Flat income tax; regular method for supplemental.
IndianaPayout requiredNoAccrued vacation generally treated as earned wages and paid out, subject to a clear written policy. Regular method.
IowaDepends on employer policyNoPayout depends on employer policy.
KansasDepends on employer policyNoPayout depends on employer policy.
KentuckyDepends on employer policyNoPayout depends on employer policy. Regular withholding method.
LouisianaPayout requiredNoAccrued vacation is considered wages and must be paid out. Regular method.
MainePayout requiredNoLarger employers must pay out accrued vacation at separation (recent law). Confirm employer-size thresholds.
MarylandConditionally requiredNoMust pay out unless the employer's written policy clearly states forfeiture and the employee had notice. Regular method.
MassachusettsPayout requiredNoAccrued vacation must be paid out at separation. Regular method.
MichiganDepends on employer policyNoPayout depends on employer policy. Regular withholding method.
MinnesotaDepends on employer policyNoPayout depends on employer policy/agreement.
MississippiDepends on employer policyNoPayout depends on employer policy. Regular withholding method.
MissouriDepends on employer policyNoPayout depends on employer policy.
MontanaPayout requiredYesAccrued vacation must be paid out; use-it-or-lose-it is prohibited.
NebraskaPayout requiredYesEarned vacation must be paid out; forfeiture prohibited.
NevadaDepends on employer policyNoNo state income tax. Payout depends on employer policy.
New HampshireDepends on employer policyNoNo state income tax on wages. Payout depends on employer policy.
New JerseyDepends on employer policyNoPayout depends on employer policy. Regular withholding method.
New MexicoDepends on employer policyNoPayout depends on employer policy.
New YorkConditionally requiredNoMust pay out accrued vacation unless a written forfeiture policy was communicated to employees.
North CarolinaConditionally requiredNoMust pay out unless a written policy clearly states forfeiture and was communicated in advance.
North DakotaPayout requiredNoAccrued vacation generally must be paid out (narrow employer exceptions apply).
OhioDepends on employer policyNoPayout depends on employer policy.
OklahomaDepends on employer policyNoPayout depends on employer policy.
OregonDepends on employer policyNoPayout depends on employer policy/agreement.
PennsylvaniaDepends on employer policyNoPayout depends on employer policy. Flat state income tax; regular method for supplemental.
Rhode IslandConditionally requiredNoVacation pay may be due as wages after a qualifying period of employment.
South CarolinaDepends on employer policyNoPayout depends on employer policy. No published flat supplemental rate.
South DakotaDepends on employer policyNoNo state income tax. Payout depends on employer policy.
TennesseeDepends on employer policyNoNo state income tax on wages. Payout depends on employer policy.
TexasDepends on employer policyNoNo state income tax. Payout depends on employer policy.
UtahDepends on employer policyNoPayout depends on employer policy. Regular withholding method.
VermontDepends on employer policyNoPayout depends on employer policy. Supplemental withholding is 30% of federal withholding (not modeled here).
VirginiaDepends on employer policyNoPayout depends on employer policy. Optional flat 5.75% supplemental rate.
WashingtonDepends on employer policyNoNo state income tax on wages. Payout depends on employer policy.
West VirginiaConditionally requiredNoFringe benefits including vacation may be payable as wages under the written policy/agreement.
WisconsinDepends on employer policyNoPayout depends on employer policy. Supplemental rate varies by salary band (not modeled here).
WyomingDepends on employer policyNoNo state income tax. Payout depends on employer policy.

General information only, not legal or tax advice. State rules are summarized and change over time; confirm with employment counsel and your state labor agency before relying on them.

Methodology and dataset

The dataset covers all 50 US states plus Washington, D.C., so 51 rows, one per jurisdiction. There is no sampling and no estimation: each row is a classification of the law in force, not a measured value.

The payout rule is classified in three levels. "Required" means the state treats accrued vacation as earned wages that cannot be forfeited. "Conditionally required" means the obligation applies unless the written policy or contract explicitly excludes it. "Depends on employer policy" means the state imposes no obligation of its own and only the written promise is enforceable.

Last checked in full against sources on 2026-10-03. Primary sources are the state labor and wage agencies, the statutes themselves, and the NCSL and SHRM state-law publications. The flat supplemental withholding column comes from each state revenue agency's own guidance and is empty where the state publishes no flat rate.

  • Scope is vacation and PTO only, not accrued sick leave, which most states treat under separate rules.
  • City and county ordinances are out of scope. Where they are stricter, the standard more favorable to the employee applies.
  • The note column carries the single most important nuance per state and is not a substitute for legal advice.
Download the data as CSV

51 rows, UTF-8 CSV, verified 2026-10-03. Free to reuse with attribution to Time-Out Zone.

Related

Frequently asked questions

What does use-it-or-lose-it mean?
A policy under which unused vacation is forfeited at year end. Some states (California, for example) prohibit forfeiture because accrued vacation counts as earned wages there.
Do payout laws cover sick leave too?
Usually not: payout rules generally apply to vacation/PTO. Accrued sick leave does not have to be paid out in most states unless the employer's policy says otherwise.
What states require PTO payout?
California, Colorado, Illinois, Indiana, Louisiana, Maine, Massachusetts, Montana, Nebraska and North Dakota. Those 10 treat accrued vacation as earned wages, so an employer cannot keep the balance when employment ends. A further 5 states require it when the employer's written policy or contract does not exclude it.
Does an employer have to pay out vacation if you are fired?
In the states that treat accrued vacation as earned wages, yes: the reason for separation does not matter, and the payout is owed on a firing just as it is on a resignation. Elsewhere it depends on the written policy, and some policies pay out on resignation but not on a termination for cause. That clause is enforceable in most states, so read it before you assume.
How current is this table?
As of the last-updated date shown, as general information. Laws change; confirm with the state labor agency or employment counsel before acting on it.

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