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Maine final paycheck law

In Maine your final paycheck is due by your next regular payday, whether you quit or were fired — so the date depends on your pay schedule.

Verified against Maine Revised Statutes, 26 M.R.S. § 626.

Your separation

Only states verified against their own statute are listed.

How did the job end?
Your pay schedule — required in Maine

Maine ties the deadline to your regular payday, not to your last day. We cannot work out the date without it.

Your deadline
Enter your pay schedule
This deadline depends on your pay schedule.

What you are owed

Unpaid straight time38.00 hrs at $22.00
$836.00
Unpaid overtime1.5× rate
$132.00
Unused PTORequired in Maine
$704.00
Commission or bonusPaid with final wages
$0.00
Gross owed$1,672.00

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.

The statute speaks of an employee leaving employment, so the deadline is the same whether you quit or were let go. After the sale of a business, the seller must pay its employees within 2 weeks. The employer may keep an overpayment or deduct a loan or advance only if you signed a written statement for it.

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. Unused paid vacation accrued under the employer's policy on or after January 1, 2023 must be paid when employment ends. Employers with 10 or fewer employees and public employers are exempt, and a union contract covering vacation payout overrides the rule. 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

A judgment for unpaid wages must add a reasonable rate of interest, twice the unpaid wages and vacation pay as liquidated damages, and costs including attorney's fees (26 M.R.S. § 626-A). Remedies open 8 days after the due date, or 8 days after a demand where there was a bona fide dispute.

How to file a claim in Maine

File an Online Wage and Hour Complaint with the Maine Department of Labor, Bureau of Labor Standards — (207) 623-7900. Filing is free, and you do not need a lawyer.

  1. Ask in writing first. Email creates a dated record.
  2. Send a short demand letter naming the amount, the deadline, and any penalty that applies in Maine.
  3. File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.

Maine final paycheck: common questions

Can they hold my last check until I return my equipment?

No. In Maine 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. Unused paid vacation accrued under the employer's policy on or after January 1, 2023 must be paid when employment ends. Employers with 10 or fewer employees and public employers are exempt, and a union contract covering vacation payout overrides the rule. 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 Maine. 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 Maine 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 Maine?

A judgment for unpaid wages must add a reasonable rate of interest, twice the unpaid wages and vacation pay as liquidated damages, and costs including attorney's fees (26 M.R.S. § 626-A). Remedies open 8 days after the due date, or 8 days after a demand where there was a bona fide dispute.

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Other states that also tie the deadline to your next payday: Delaware, Illinois and Kansas.