New York final paycheck law & calculator.
Add your unpaid New York wages and accrued PTO to estimate your last-day total after tax.
Estimates only. PTO payout rights and tax withholding vary by state, employer policy, and individual circumstances. This is not legal, tax, or financial advice. Consult your state labor department or a qualified professional. See our methodology.
Final pay and PTO in New York
In New York, whether unused PTO is included depends on your employer's written policy. New York requires vacation payout unless the employer has a clearly written policy stating unused vacation is forfeited at separation.
Your final paycheck combines any regular wages you earned but were not yet paid with your accrued PTO payout where it is owed. Use-it-or-lose-it forfeiture of earned time is allowed in New York, and the window to claim unpaid final wages runs for 6 years. This calculator pre-selects New York so the state tax estimate is built in.
For the governing statute (reference: N.Y. Labor Law § 198-c) and a full PTO breakdown, see the New York PTO payout guide and final paycheck rules by state.
When is your final paycheck due in New York?
| Situation | Final paycheck deadline |
|---|---|
| If you are fired or laid off | Next scheduled payday |
| If you quit | Next scheduled payday |
This deadline applies to your whole final paycheck, including any accrued PTO New York requires to be paid. Late or missing final pay can entitle you to penalties or interest \u2014 file an unpaid-wage claim with the New York State Department of Labor, Division of Labor Standards. Deadlines change with legislation, so confirm the current rule before acting.
Frequently asked questions
When is my final paycheck due in New York?
If your employment ends in New York, your final paycheck — including any owed PTO — is due as follows. If you are fired or laid off: Next scheduled payday. If you quit: Next scheduled payday. Deadlines can change, so confirm the current rule with the state labor department.
Is PTO included in a final paycheck in New York?
In New York, whether unused PTO is included depends on your employer's written policy. Reference: N.Y. Labor Law § 198-c.
How is my final paycheck taxed in New York?
Regular wages are withheld at your normal rate; the PTO portion is a supplemental wage withheld at a flat 22% federal rate, an estimated 10.9% New York rate, and 7.65% FICA.
How long do I have to claim unpaid final wages in New York?
The statute of limitations for unpaid-wage claims in New York is 6 years. File a claim with the state labor department if your final check is missing or wrong.