Work Process Guide

When Must an Illinois Employer Pay Your Final Paycheck?

Illinois law gives one deadline for every separation: all final compensation in full, at separation if possible, and in no case later than the next regularly scheduled payday. The statute makes no distinction between quitting and being fired. The rule is the Illinois Wage Payment and Collection Act, 820 ILCS 115, section 5.

The Illinois rule in one table

Question Illinois rule
Governing statute Illinois Wage Payment and Collection Act, 820 ILCS 115, section 5
Final pay deadline In full, at separation if possible, and in no case later than the next regularly scheduled payday
Quit vs. fired No distinction in the statute
What counts as final compensation Wages, salaries, earned commissions, earned bonuses, monetary equivalent of earned vacation and earned holidays, and any other compensation owed under an employment contract or agreement
Earned vacation forfeiture Not permitted on separation by contract or policy, unless a collective bargaining agreement provides otherwise
Payment by mailed check Available on the employee written request, and the employer must comply

What makes Illinois different

Several states in this directory split the deadline by how the job ended, with faster pay for fired workers and slower pay for workers who quit. Illinois does not split at all. Section 5 covers separated employees in one sentence, and the Illinois Department of Labor FAQ groups the question the same way, under a heading that asks how soon after quitting or being fired the worker must be paid. If a guide tells you Illinois pays fired workers faster than workers who quit, it is importing another state's rule.

The vacation rule is the second Illinois difference. Earned vacation is part of final compensation, paid at the final rate, and an employer cannot write a use-it-or-lose-it forfeiture into a contract or policy to erase it at separation. The only carve-out in the statute is a collective bargaining agreement that provides otherwise. Check the final check against accrued vacation first, because that is where Illinois final-pay shortages most often hide.

The process, step by step

  1. Identify your next regularly scheduled payday. That date is the outside deadline. Payment at separation is preferred by the statute, but the payday is the enforceable line.
  2. Add up everything the statute counts. Wages and salary, earned commissions, earned bonuses, and the monetary equivalent of earned vacation and earned holidays, plus anything else owed under an employment contract or agreement.
  3. Check the vacation math separately. Earned vacation is paid at the final rate and cannot be forfeited by a policy. If the final check omits vacation, that omission is itself a shortage under section 5.
  4. If you want a mailed check, ask in writing. On your written request, the employer must pay final compensation by check and mail it.
  5. If the payday passes without full payment, file a wage claim. The Illinois Department of Labor takes wage and final-compensation complaints, and the general filing deadline is one year after the wages were due. See How to File a Wage Claim in Illinois.

For final-pay deadlines in the other seven states, see the Final Paycheck Laws by State directory.

Source

Every deadline on this page comes from the statute and the Department: Illinois General Assembly, 820 ILCS 115, Wage Payment and Collection Act and the Illinois Department of Labor wage payment FAQ. Facts verified 2026-10-25.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to a lawyer or your state agency.

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