West Virginia final paycheck law & calculator.
Add your unpaid West Virginia 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 West Virginia
West Virginia treats accrued vacation as earned wages, so your unused PTO must be included in your final paycheck. West Virginia treats fringe benefits including vacation as wages that must be paid at separation when earned.
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 not allowed in West Virginia, and the window to claim unpaid final wages runs for 5 years. This calculator pre-selects West Virginia so the state tax estimate is built in.
For the governing statute (reference: W. Va. Code § 21-5-4) and a full PTO breakdown, see the West Virginia PTO payout guide and final paycheck rules by state.
When is your final paycheck due in West Virginia?
| 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 West Virginia requires to be paid. Late or missing final pay can entitle you to penalties or interest \u2014 file an unpaid-wage claim with the West Virginia Division of Labor. Deadlines change with legislation, so confirm the current rule before acting.
Frequently asked questions
When is my final paycheck due in West Virginia?
If your employment ends in West Virginia, 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 West Virginia?
West Virginia treats accrued vacation as earned wages, so your unused PTO must be included in your final paycheck. Reference: W. Va. Code § 21-5-4.
How is my final paycheck taxed in West Virginia?
Regular wages are withheld at your normal rate; the PTO portion is a supplemental wage withheld at a flat 22% federal rate, an estimated 6.5% West Virginia rate, and 7.65% FICA.
How long do I have to claim unpaid final wages in West Virginia?
The statute of limitations for unpaid-wage claims in West Virginia is 5 years. File a claim with the state labor department if your final check is missing or wrong.