Final Paycheck Laws in Illinois
In Illinois, final pay for any separated employee is due at separation if possible and no later than the next regularly scheduled payday, and earned vacation under a contract or policy must be paid out.
Last checked . General information, not legal advice.
Illinois at a glance
- Deadline if fired
- At separation if possible, no later than next payday
- Deadline if employee quits
- At separation if possible, no later than next payday
- Accrued vacation paid out
- Yes, earned vacation must be paid
- Applies when a contract or policy provides paid vacation; earned vacation cannot be forfeited at separation unless a union contract says otherwise.
The rules in Illinois
When is a final paycheck due in Illinois if the employee is fired or laid off?
Deadline if fired in Illinois: At separation if possible, no later than next payday.
When is a final paycheck due in Illinois if the employee quits?
Deadline if employee quits in Illinois: At separation if possible, no later than next payday.
Does Illinois law require employers to pay out accrued vacation when a job ends?
Yes, earned vacation must be paid. Accrued vacation paid out in Illinois: yes, earned vacation must be paid. Applies when a contract or policy provides paid vacation; earned vacation cannot be forfeited at separation unless a union contract says otherwise.
Where do the Illinois final paycheck laws come from?
The rules above come from 820 ILCS 115/5. Each source is linked on this page. We last checked them in October 2026.
What this means in practice
Note the exact last day of work and how the job ended, since the deadline often runs from that date and may differ for a firing, a layoff or a resignation. Some statutes also change the deadline when an employee quits without giving notice.
Read the employer's written vacation or paid time off policy and any employment contract. Where state law leaves vacation payout to the employer, the policy terms usually decide whether unused time is paid out or forfeited.
If a final paycheck is late or short, the state labor department usually accepts wage claims, often without a lawyer. Some statutes add penalties for late payment, such as extra daily wages, so keep pay stubs, timesheets and any written communication about the final pay.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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