Layoffs and other situations
The same rule applies to any 'employee leaving employment'. Overpayments may be withheld if authorized under 26 M.R.S. § 635, and written, signed loans or advances may be deducted; no other setoffs for property damage or debts. On sale of a business, the seller must pay earned wages within 2 weeks (a buyer may assume this by agreement). If an employee demands wages, a 'reasonable time' is the earlier of the next regular payday or 2 weeks after demand. Source: legislature.maine.gov↗ (opens in a new tab)
Unused vacation and PTO
Required: unused paid vacation accrued on or after January 1, 2023 must be paid at separation, unless the employer has 10 or fewer employees or is a public employer. Where vacation is offered by terms or practice, vacation pay at separation has the same status as wages. A collective bargaining agreement addressing the issue takes priority. Source: legislature.maine.gov↗ (opens in a new tab)
If the final paycheck is late
Employer owes unpaid wages and vacation pay, interest, liquidated damages of twice that amount, costs and reasonable attorney's fees (§§ 626, 626-A). Remedies apply 8 days after the due date if no bona fide dispute. Fine of $100 to $500 per violation. Source: legislature.maine.gov↗ (opens in a new tab)
Recent changes
PL 2025, c. 418 amended the fine section of 26 M.R.S. § 626-A. The current text sets fines of $100 to $500 per violation. Source: legislature.maine.gov↗ (opens in a new tab)
The law and where to check
The law: 26 M.R.S. §§ 626, 626-A (opens in a new tab)
The agency: Maine Department of Labor, Bureau of Labor Standards (Wage and Hour Division) (opens in a new tab)
What federal law says
The federal Fair Labor Standards Act does not require employers to give a final paycheck immediately. The U.S. Department of Labor says an employee who has not received final pay by the regular payday for their last pay period can contact its Wage and Hour Division or the state labor department. Source: U.S. Department of Labor↗ (opens in a new tab)
Final paycheck checklist for Maine employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Write down how the job ended: fired or let go, or the employee quit. If they quit, note whether and when they gave notice.
- Find the deadline for that situation in the table above.
- Add up all hours worked up to the last day, including any overtime.
- Check your written vacation or PTO policy and the vacation rule above.
- Add any commission or bonus that was earned, using the rules above.
- Pay on time by your usual method, or by mail if the rules above allow it and the employee asks.
- Keep a dated record of what you paid and when.
More Maine employment law guides
- All Maine employment laws
- Maine paid sick leave law
- Maine meal and rest break laws
- Maine overtime law
- Maine pay frequency law
- Maine vacation and PTO payout law
- Maine new hire reporting
- Maine at-will exceptions
Final paycheck laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.