When the payout is due
Final wages are due by the next working day after a discharge, or by the next regular payday or within 7 days (whichever is earlier) after a resignation. Source: code.dccouncil.gov↗ (opens in a new tab)
Penalties
Late final wages: liquidated damages of 10% of unpaid wages per working day, capped at three times the unpaid wages. Source: code.dccouncil.gov↗ (opens in a new tab)
The law and where to check
The law: D.C. Code §§ 32-1301, 32-1303 (opens in a new tab)
The agency: D.C. Department of Employment Services, Office of Wage-Hour Compliance (opens in a new tab)
What federal law says
No federal law requires paid vacation or payout of unused vacation. These are matters of agreement between employer and employee, and state law. Source: U.S. Department of Labor↗ (opens in a new tab)
Vacation and PTO payout checklist for District of Columbia employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Read your written vacation or PTO policy against the rules above.
- Make any forfeiture or cap rule clear and in writing, where your state allows it.
- Track each employee's accrued, unused balance.
- When someone leaves, pay any vacation owed with the final paycheck on time.
- Keep a record of the balance paid out.
- See our final paycheck guide for your state's deadline.
More District of Columbia employment law guides
- All District of Columbia employment laws
- District of Columbia final paycheck law
- District of Columbia paid sick leave law
- District of Columbia meal and rest break laws
- District of Columbia overtime law
- District of Columbia pay frequency law
- District of Columbia new hire reporting
- District of Columbia at-will exceptions
Vacation and PTO payout 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.
- https://code.dccouncil.gov/us/dc/council/code/sections/32-1301
- https://www.dol.gov/general/topic/workhours/vacation_leave
- https://code.dccouncil.gov/us/dc/council/code/sections/32-531.02
- https://code.dccouncil.gov/us/dc/council/code/sections/32-1303
- https://does.dc.gov/page/actslaws-enforced-office-wage-hour
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.