Virginia final paycheck law

Layoffs and other situations

Same rule applies to every termination of employment. Source: law.lis.virginia.gov↗ (opens in a new tab)

Unused vacation and PTO

Not required by state law. The Virginia Department of Labor and Industry treats vacation, sick leave and PTO as fringe benefits, not wages, and does not enforce them. Source: doli.virginia.gov↗ (opens in a new tab)

If the final paycheck is late

Employer owes unpaid wages plus an equal amount as liquidated damages and 8% interest; knowing failure to pay means triple wages plus attorney fees in court; civil penalty up to $1,000 per knowing violation; willful nonpayment can be a crime. Source: law.lis.virginia.gov↗ (opens in a new tab)

Recent changes

H.B. 238 (2026) amended § 40.1-29. For claims started on or after July 1, 2026, an employer that acted in good faith and pays all wages due within 14 days of notice can avoid extra damages and penalties. Source: law.lis.virginia.gov↗ (opens in a new tab)

The law and where to check

The law: Va. Code § 40.1-29(B) (opens in a new tab)

The agency: Virginia Department of Labor and Industry (DOLI), Labor and Employment Law – Payment of Wage (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 Virginia employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Write down how the job ended: fired or let go, or the employee quit. If they quit, note whether and when they gave notice.
2. Find the deadline for that situation in the table above.
3. Add up all hours worked up to the last day, including any overtime.
4. Check your written vacation or PTO policy and the vacation rule above.
5. Add any commission or bonus that was earned, using the rules above.
6. Pay on time by your usual method, or by mail if the rules above allow it and the employee asks.
7. Keep a dated record of what you paid and when.

More Virginia employment law guides

• All Virginia employment laws
• Virginia paid sick leave law
• Virginia meal and rest break laws
• Virginia overtime law
• Virginia pay frequency law
• Virginia vacation and PTO payout law
• Virginia new hire reporting
• Virginia at-will exceptions

Final paycheck laws in other states

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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: October 19, 2026. 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.