Illinois final paycheck: final compensation under 820 ILCS 115/5

“When an employee leaves an employer's employment, the employer is required to pay the final compensation of separated employees in full at the time of separation, if possible, but in no event later than the next regularly scheduled payday for such employee.”

Illinois final compensation deadline

What it means for Illinois employers

Illinois uses the phrase final compensation, and it is wider than the last hours worked. IDOL lists wages and salaries, earned commissions, earned bonuses, and the money value of earned vacation and earned holidays, plus other compensation defined in the employment agreement that is owed and unpaid. (Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (Illinois Department of Labor FAQ))

The deadline is the next scheduled payday after the separation, not the payday tied to the last pay period. If the next payday on the calendar covers an earlier period, the full final compensation, including the last few days, is still paid on it. (Illinois Department of Labor, Wage Payment and Collection Act FAQ; Illinois Department of Labor, Wage Payment and Collection Act)

Earned vacation cannot be lost at separation. IDOL's vacation FAQ (820 ILCS 115/5 and 56 Ill. Adm. Code 300.520) says a policy may not forfeit earned time when someone leaves; the employer pays the monetary equivalent of all earned, unused vacation. The same FAQ allows a use it or lose it deadline during employment and says payout for the current period is prorated. (Illinois Department of Labor, Vacation FAQ; Illinois Department of Labor, Wage Payment and Collection Act FAQ)

There is no automatic right to severance, sick pay or holiday pay at separation. IDOL says these are owed only if the employer promised them in an employment contract or other agreement. (Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (Illinois Department of Labor FAQ))

Marking a check paid in full does not settle a dispute. IDOL says accepting a disputed paycheck is not a release of the balance, and any release or restrictive endorsement required as a condition of payment is void (Section 300.920). (Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (Illinois Department of Labor FAQ))

Regular payroll rules frame the final payday. Most Illinois wages are paid at least semimonthly and within 13 days after the end of the pay period; executive, administrative and professional employees, and commissions, may be paid once a month. (Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (Illinois Department of Labor FAQ))

Unemployment paperwork has its own clock. IDES requires the pamphlet What Every Worker Should Know About Unemployment Insurance for anyone separated or laid off for seven days or more, handed over at separation or mailed within five days. (IDES, What Every Worker Should Know About Unemployment Insurance (CLI111L))

Exceptions and special cases

• State and federal government employees are outside the Wage Payment and Collection Act and cannot file claims under it (IDOL). (Illinois Department of Labor, Wage Payment and Collection Act FAQ)
• Severance, sick pay and holiday pay are due only when promised by contract or agreement. (Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (Illinois Department of Labor FAQ))

Worked examples

Fired on Friday, October 2, 2026

Semimonthly paydays fall on the 9th and the 24th. The next scheduled payday is Friday, October 9, 2026, so the wages for October 1 and 2, the September 16 to 30 wages already due that day, earned commissions and the value of 32 unused vacation hours are all paid by October 9, even though October 1 to 15 would normally be paid on the 24th. (State Payday Requirements (U.S. DOL Wage and Hour Division table, January 1, 2023))

Resignation on Monday, November 30, 2026

A monthly-paid manager (executive, administrative or professional) resigns on November 30. If the next regular monthly payday is Tuesday, December 15, 2026, final compensation is due by then; the Act still asks for payment on November 30 itself if that is possible. (Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (Illinois Department of Labor FAQ))

Prorated vacation

A policy grants 80 hours a year, earned through the year, and the employee leaves after nine months of the year without using any. The monetary equivalent of 60 earned hours is part of final compensation. (Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (Illinois Department of Labor FAQ))

How to act on it

Final paycheck: Illinois and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

Questions about Illinois final paycheck rules

The verified rules behind this page (6)

• A separated employee must be paid final compensation in full at separation if possible, and no later than the next regularly scheduled payday. (Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (Illinois Department of Labor FAQ); verified Sep 27, 2026)
• An employee who quits must be paid final compensation in full at separation if possible, and no later than the next regularly scheduled payday. (Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (Illinois Department of Labor FAQ); verified Sep 27, 2026)
• In Illinois, an employer that provides vacation under an employment contract or policy must pay the monetary equivalent of all earned, unused vacation to an employee who resigns or is fired. A policy cannot forfeit earned vacation at separation. Vacation pay is part of final compensation, which is due by the next regularly scheduled payday. (Illinois Dept. of Labor, Vacation FAQ (820 ILCS 115/5; 56 Ill. Adm. Code 300.520); verified Sep 24, 2026)
• Illinois employers must pay wages at least semi-monthly. (State Payday Requirements (U.S. DOL Wage and Hour Division table, January 1, 2023); verified Sep 27, 2026)
• Executive administrative professional: Illinois executive, administrative and professional employees may be paid monthly. (State Payday Requirements (U.S. DOL Wage and Hour Division table, January 1, 2023); verified Sep 27, 2026)
• Illinois employers must give the IDES pamphlet 'What Every Worker Should Know About Unemployment Insurance' to each worker laid off for seven days or more or separated for any reason, at the time of separation; if that is impracticable, it must be mailed to the worker's last known address within five days of separation. (IDES pamphlet CLI111L, What Every Worker Should Know About Unemployment Insurance; verified Sep 24, 2026)

Sources (7)

• Illinois Department of Labor, Wage Payment and Collection Act FAQ
• Illinois Department of Labor, Vacation FAQ
• Illinois Department of Labor, Your Rights Under Illinois Employment Laws poster
• Illinois Department of Labor, Wage Payment and Collection Act
• IDES, What Every Worker Should Know About Unemployment Insurance (CLI111L)
• State Payday Requirements (U.S. DOL Wage and Hour Division table, January 1, 2023)
• IDES Notice to Employees (poster required by the Illinois Unemployment Insurance Act)

Checked Sep 27, 2026 · How we verify every rule · Report an error

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