How a payout is worked out
A payout is your unused balance multiplied by your rate of pay. In the example, 80 hours × $25.00 = $2,000.00 before tax. If your balance is in days, multiply by the hours in your usual workday first.
On a salary, convert to an hourly rate by dividing by the hours you work in a year. A $65,000.00 salary over 2,080 hours is $31.25 an hour, so 60 unused hours are worth $1,875.00. Use the rate you are paid on your last day. States that treat vacation as wages require it, and a raise late in the year raises the value of every banked hour.
How a PTO payout is taxed
A payout is taxable wages. Because it is paid on top of your regular wages, IRS Publication 15 lets your employer treat it as a supplemental payment and withhold federal income tax at a flat 22%. Social Security (6.2%) and Medicare (1.45%) come out as well.
On the example payout that is $440.00 of federal income tax, $124.00 of Social Security and $29.00 of Medicare, leaving about $1,407.00 before any state tax. Withholding is an estimate of the tax, not the tax itself. If your real tax rate is lower than 22%, the difference is settled on your return, usually as part of a refund.
States that require payout
Most states leave payout to the employer’s written policy: if the handbook promises it, it is owed, and if the handbook says unused time is forfeited, it usually is not. These states go further.
| State | Rule | Source |
|---|---|---|
| California | Payout required | Cal. Lab. Code § 227.3 |
| Colorado | Payout required | C.R.S. §§ 8-4-101(14)(a)(III), 8-4-109(1)(a); Nieto v. Clark's Market, Inc., 2021 CO 48, 488 P.3d 1140 |
| Illinois | Payout required | 820 ILCS 115/5; 56 Ill. Adm. Code 300.520 |
| Louisiana | Payout required | La. R.S. 23:631(D); Wyatt v. Avoyelles Parish Sch. Bd., 831 So. 2d 906 (La. 2002) |
| Massachusetts | Payout required | Mass. Gen. Laws ch. 149, § 148 |
| Montana | Payout required | 23 Op. Att'y Gen. No. 56 (Mont.); McConkey v. Flathead Elec. Coop., 2005 MT 334, 330 Mont. 48, 125 P.3d 1121 |
| Nebraska | Payout required | Neb. Rev. Stat. § 48-1229(6); Roseland v. Strategic Staff Mgmt., 272 Neb. 434, 722 N.W.2d 499 (2006) |
| North Dakota | Payout required | N.D. Cent. Code § 34-14-09.2; N.D. Admin. Code ch. 46-02-07 |
| Indiana | Required unless a written policy says otherwise | Die & Mold, Inc. v. Western, 448 N.E.2d 44 (Ind. Ct. App. 1983) |
| Maryland | Required unless a written policy says otherwise | Md. Code Ann., Lab. & Empl. § 3-505(b) |
| New York | Required unless a written policy says otherwise | N.Y. Lab. Law §§ 198-c, 195(5) |
| North Carolina | Required unless a written policy says otherwise | N.C. Gen. Stat. §§ 95-25.12, 95-25.13 |
| Wisconsin | Required unless a written policy says otherwise | Wis. Stat. ch. 109 |
| Wyoming | Required unless a written policy says otherwise | Wyo. Stat. §§ 27-4-507, 27-4-501(a)(iii) |
| Maine | Required under conditions | 26 M.R.S. § 626 |
| Rhode Island | Required under conditions | R.I. Gen. Laws § 28-14-4(b) |
Every state’s rule, with its source and what it means for you, is on PTO payout laws by state.
Before your last day
Check your balance on your latest pay stub and add anything earned since. Read the vacation section of your handbook for a payout or forfeiture clause, and whether it treats quitting and being let go differently. If your state requires payout, the money is part of your final paycheck, and the deadline for that paycheck is set by state law, sometimes as soon as your last day.
Planning the months before you leave? The PTO accrual calculator shows what your balance will be on a given date, at 4.62 hours a pay period for a typical 120-hour plan.
Questions people ask
How is a PTO payout calculated?
Multiply your unused hours by your hourly rate. 80 hours at $25.00 is $2,000.00 before tax. On a salary, divide the annual salary by 2,080 (40 hours × 52 weeks) for the hourly rate first.
Which states require unused PTO to be paid out?
California, Colorado, Illinois, Louisiana, Massachusetts, Montana, Nebraska, North Dakota require earned vacation to be paid when a job ends. Several others require it unless a written policy says otherwise, and 35 leave it to the employer’s policy. The table below lists the states that require some form of payout.
Why is so much tax taken out of my PTO payout?
A payout on top of regular wages is a supplemental wage payment, so many employers withhold federal income tax at a flat 22%, plus Social Security and Medicare. That is withholding, not the final tax; any difference is settled when you file your return.
Is PTO paid at my final rate of pay?
In states that treat earned vacation as wages, such as California and Illinois, it must be paid at your final rate, even if you earned the time when you were paid less. Elsewhere, the employer’s policy decides.
Does sick leave get paid out too?
Usually not. State paid sick leave laws generally do not require payout at the end of a job. A combined PTO bank that can be used for any purpose is often treated like vacation, which is why some states require it to be paid.
Can my employer refuse to pay unused PTO if I quit?
In states that require payout, no; earned vacation is owed whether you quit or are fired. In most other states, a written policy that says unused time is forfeited on quitting is enforceable. Check your handbook and your state’s rule.
Sources
- IRS Publication 15 (2026), Employer’s Tax Guide (opens in a new tab)
- California: Cal. Lab. Code § 227.3 (opens in a new tab)
- Colorado: C.R.S. §§ 8-4-101(14)(a)(III), 8-4-109(1)(a); Nieto v. Clark's Market, Inc., 2021 CO 48, 488 P.3d 1140 (opens in a new tab)
- Illinois: 820 ILCS 115/5; 56 Ill. Adm. Code 300.520 (opens in a new tab)
- Louisiana: La. R.S. 23:631(D); Wyatt v. Avoyelles Parish Sch. Bd., 831 So. 2d 906 (La. 2002) (opens in a new tab)
- Massachusetts: Mass. Gen. Laws ch. 149, § 148 (opens in a new tab)
- Montana: 23 Op. Att'y Gen. No. 56 (Mont.); McConkey v. Flathead Elec. Coop., 2005 MT 334, 330 Mont. 48, 125 P.3d 1121 (opens in a new tab)
- Nebraska: Neb. Rev. Stat. § 48-1229(6); Roseland v. Strategic Staff Mgmt., 272 Neb. 434, 722 N.W.2d 499 (2006) (opens in a new tab)
- North Dakota: N.D. Cent. Code § 34-14-09.2; N.D. Admin. Code ch. 46-02-07 (opens in a new tab)
- Indiana: Die & Mold, Inc. v. Western, 448 N.E.2d 44 (Ind. Ct. App. 1983) (opens in a new tab)
- Maryland: Md. Code Ann., Lab. & Empl. § 3-505(b) (opens in a new tab)
- New York: N.Y. Lab. Law §§ 198-c, 195(5) (opens in a new tab)
- North Carolina: N.C. Gen. Stat. §§ 95-25.12, 95-25.13 (opens in a new tab)
- Wisconsin: Wis. Stat. ch. 109 (opens in a new tab)
- Wyoming: Wyo. Stat. §§ 27-4-507, 27-4-501(a)(iii) (opens in a new tab)
- Maine: 26 M.R.S. § 626 (opens in a new tab)
- Rhode Island: R.I. Gen. Laws § 28-14-4(b) (opens in a new tab)