When the payout is due
Fired: in full within 72 hours. Quit: by the next regular payday, or within 72 hours if the employee gave at least one pay period's notice. Source: gc.nh.gov↗ (opens in a new tab)
Penalties
If the employer willfully and without good cause pays late, it owes liquidated damages of 10% of unpaid wages per day (excluding Sundays and holidays), capped at the unpaid amount. Source: gc.nh.gov↗ (opens in a new tab)
The law and where to check
The law: N.H. Rev. Stat. Ann. § 275:43, V; § 275:44 (opens in a new tab)
The agency: New Hampshire Department of Labor, Wage and Hour Division (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 New Hampshire 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 New Hampshire employment law guides
- All New Hampshire employment laws
- New Hampshire final paycheck law
- New Hampshire paid sick leave law
- New Hampshire meal and rest break laws
- New Hampshire overtime law
- New Hampshire pay frequency law
- New Hampshire new hire reporting
- New Hampshire 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.
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.