All 50 States · 2026 Payout Laws

PTO Payout Calculator

Estimate the cash value of your accrued, unused paid time off — plus find out whether your state requires your employer to pay it out when you leave.

Your PTO Balance

Salaried? Divide annual salary by 2,080.

80 hours ≈ 2 weeks · 40 hours ≈ 1 week

Enter your wage, PTO hours, and state — then click Calculate to see the value of your unused vacation.

How PTO Payout Works

The formula is simple: PTO payout = accrued unused hours × your final hourly rate.

Salaried? Convert your annual salary to an hourly rate by dividing by 2,080 (52 weeks × 40 hours). A $65,000 salary works out to about $31.25/hour.

Multiple pay rates? Most states require payout at your most recent (highest) rate — not a blended historical average.

Example: A California worker earning $32/hour with 120 hours of unused PTO is owed $3,840 gross — and California law requires this on the final paycheck, with waiting-time penalties if delayed.

California vs Texas: The Big Divide

California: Accrued vacation is a form of earned wages. Your employer must pay it out on your last day. "Use-it-or-lose-it" policies are illegal (Labor Code § 227.3). Late payment triggers waiting-time penalties of up to 30 days of wages.

Texas: There is no state law requiring PTO payout at all. Whether you get your unused vacation cashed out depends 100% on your employer's written policy. Under the Texas Payday Law, if the policy says "no payout on termination," that's enforceable.

Between these extremes sit "conditional" states like New York, North Carolina, and Maryland, where the rule depends on how clearly the employer disclosed forfeiture at hire.

States That Require PTO Payout (2026)

California
Payout required
Colorado
Payout required
District of Columbia
Payout required
Illinois
Payout required
Louisiana
Payout required
Maine
Payout required
Massachusetts
Payout required
Montana
Payout required
Nebraska
Payout required
North Dakota
Payout required
Rhode Island
Payout required

In all other states, PTO payout depends on your employer's written policy or contract. This is a general summary — not legal advice.

PTO Payout FAQ

Do employers have to pay out unused PTO when you quit or are fired?

It depends on your state. In California, Colorado, Illinois, Louisiana, Maine, Massachusetts, Montana, Nebraska, North Dakota, Rhode Island, and Washington D.C., accrued unused vacation is treated as earned wages and MUST be paid out on your final paycheck. In states like Texas, Florida, Georgia, and Ohio, there is no state requirement — payout depends entirely on your employer's written policy or contract.

How is the value of my unused PTO calculated?

PTO payout = accrued unused hours × your final hourly rate. Salaried workers convert their annual salary to an hourly rate (annual salary ÷ 2,080). If you accrued PTO at multiple pay rates, most states require you to be paid at your most recent (highest) rate of pay at separation.

Is PTO payout taxed differently from regular wages?

PTO payout is taxable income, treated as a 'supplemental wage.' The IRS default withholding for supplemental wages is a flat 22% federal (for amounts under $1 million per year), plus 7.65% FICA (Social Security and Medicare), plus any state and local income tax. Your actual tax liability at year-end is based on your total income and W-4.

Can my employer use 'use-it-or-lose-it' rules?

In California, Colorado, Montana, and Nebraska, 'use-it-or-lose-it' vacation policies are illegal — once you earn vacation, it cannot be forfeited. Most other states allow reasonable annual caps on accrual, provided the policy is clearly disclosed to employees in writing before the caps take effect.

How quickly must my employer pay out PTO after separation?

Deadlines follow the state's final paycheck law. California requires the final check (including PTO) immediately at termination or within 72 hours if you quit without notice — with waiting-time penalties of one day's wages per day of delay, up to 30 days. Massachusetts requires payment on the day of discharge. Other states typically require payment by the next regular payday.

Is unused paid sick leave paid out on separation?

Almost never. Even in states that require vacation/PTO payout, paid sick leave is usually excluded because it is not considered a 'guaranteed' benefit — it's contingent on being sick. If your employer combines all leave into a single PTO bank, then the entire bank is generally treated as vacation and must be paid out where state law requires.

Do part-time or hourly employees get PTO payout?

Yes — if the state requires payout, it applies equally to full-time, part-time, and hourly employees. The only difference is that accrual is typically prorated based on hours worked.

What if my employer refuses to pay my accrued PTO?

In states where PTO payout is legally required, refusing to pay is a wage-and-hour violation. You can file a wage claim with your state labor department (e.g., California DLSE, Illinois IDOL, Massachusetts AGO). Many states also allow you to recover attorney fees, interest, and waiting-time penalties.

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