The deadline, and what it depends on
By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.
It depends on your pay schedule, not on the day you left. Two people who leave on the same day can have deadlines a week or more apart.
In full at separation if possible, but no later than the next regularly scheduled payday.
What “next regular payday” means
“Next regular payday” means the next date your employer would normally have paid you had you stayed. It is not a fixed number of days: paid weekly, it is at most a week away; paid monthly, it can be a month.
That is why the calculator asks for your pay schedule first. Take any recent payday from a pay stub and it works out the date for you.
Unused PTO — is it owed?
Yes. Final compensation is defined to include the monetary equivalent of earned vacation, paid at the final rate. It cannot be forfeited at separation. It is paid at your final rate of pay, as part of the same final paycheck and on the same deadline as your wages.
What happens if they are late
There is no automatic penalty. The route is a free wage claim, filed within 1 year. File a wage claim with the Illinois Department of Labor within 1 year.
How to file a claim in Illinois
File a wage claim with the Illinois Department of Labor within 1 year. The claim must be filed within 1 year of the wages becoming due. Filing is free, and you do not need a lawyer.
- Ask in writing first. Email creates a dated record.
- Send a short demand letter naming the amount, the deadline, and any penalty that applies in Illinois.
- File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.
Illinois final paycheck: common questions
Can they hold my last check until I return my equipment?
No. In Illinois your final wages are due by the deadline on this page whether or not you have returned a laptop, uniform or keys. Your employer can ask for the equipment back or pursue its cost separately, but federal law bars deductions for it that would cut your pay below minimum wage or eat into overtime.
Do I get paid for unused vacation?
Yes. Final compensation is defined to include the monetary equivalent of earned vacation, paid at the final rate. It cannot be forfeited at separation. It is paid at your final rate of pay, as part of the same final paycheck and on the same deadline as your wages.
What if I quit without notice?
No. Quitting without notice does not forfeit anything you earned in Illinois. Your final pay is due by your next regular payday, exactly as if you had given notice. Notice only changes the timing, and only where state law says so.
When is my final paycheck due in Illinois if I am fired?
By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go. Everything you earned is due on that deadline, along with any unused vacation your state or your policy makes payable.
What happens if my final paycheck is late in Illinois?
There is no automatic penalty. The route is a free wage claim, filed within 1 year. File a wage claim with the Illinois Department of Labor within 1 year. Filing a claim is free, and you do not need a lawyer.
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Illinois overtime rules and calculator →
Other states that also tie the deadline to your next payday: Maryland, New Jersey and New York.