Final Paycheck Laws in Illinois
Illinois has specific final paycheck requirements
Illinois requires final compensation by the next regular payday for both fired and resigned employees. Includes all wages, commissions, and earned vacation.
Final paycheck timelines
| If you are fired | Next regular payday (but no later than 13 days after last day of work if paid semi-monthly, or within that pay cycle) |
|---|---|
| If you quit | Next regular payday |
| Must include PTO payout? | Yes — Illinois requires payout of all earned, unused vacation time upon separation. The Illinois Wage Payment and Collection Act treats vacation as earned wages. Use-it-or-lose-it policies are generally prohibited. |
| Penalties for late payment | 2% of the underpaid wages per month (1% per month for amounts under $1,000), plus costs and attorney's fees. Penalties increase for repeated or willful violations under the Illinois Wage Payment and Collection Act. |
| Statute | 820 ILCS 115/5 (Illinois Wage Payment and Collection Act) |
Final Paycheck Laws in Illinois: what you need to know
Illinois has a state law that sets specific timelines for when employers must deliver a final paycheck after an employee separates from employment. The timeline typically depends on whether the employee quit or was terminated. Illinois requires final compensation by the next regular payday for both fired and resigned employees. Includes all wages, commissions, and earned vacation.
If you are fired or laid off in Illinois, your employer must deliver your final paycheck Next regular payday (but no later than 13 days after last day of work if paid semi-monthly, or within that pay cycle). If you quit, the timeline is Next regular payday. These timelines are legal requirements, not suggestions, and employers who miss them may face penalties.
Employers who fail to deliver the final paycheck on time face penalties in Illinois. 2% of the underpaid wages per month (1% per month for amounts under $1,000), plus costs and attorney's fees. Penalties increase for repeated or willful violations under the Illinois Wage Payment and Collection Act. These penalties serve as a deterrent against employers who might otherwise delay payment, and they provide compensation to workers for the harm caused by late payment.
In Illinois, the final paycheck must include Illinois requires payout of all earned, unused vacation time upon separation. The Illinois Wage Payment and Collection Act treats vacation as earned wages. Use-it-or-lose-it policies are generally prohibited.. This means your employer cannot simply pay your regular wages and withhold your vacation balance. Check your final paycheck carefully to ensure all earned compensation is included.
For Illinois workers who are leaving a job, understanding the final paycheck timeline can help you plan your finances during the transition. If your employer does not deliver your final paycheck by the required deadline, document the delay and contact the Illinois Department of Labor or an employment attorney. You may be entitled to penalties in addition to the unpaid wages.
More Illinois workplace laws
Check other workplace law topics for Illinois:
Frequently asked questions about final paycheck laws in Illinois
Next regular payday (but no later than 13 days after last day of work if paid semi-monthly, or within that pay cycle)
Next regular payday
Yes. Illinois requires payout of all earned, unused vacation time upon separation. The Illinois Wage Payment and Collection Act treats vacation as earned wages. Use-it-or-lose-it policies are generally prohibited.
2% of the underpaid wages per month (1% per month for amounts under $1,000), plus costs and attorney's fees. Penalties increase for repeated or willful violations under the Illinois Wage Payment and Collection Act.
Document the amount owed, your last day of work, and any communications with your employer. File a wage complaint with the Illinois Department of Labor or consult an employment attorney.