# Illinois — Final paycheck deadlines by US state — how long an employer has to pay a departing employee's last wages, quoted from the state's own labor law

For Illinois, deadline after firing/layoff is in full at the time of separation, if possible, but in no event later than the next regularly scheduled payday; deadline after quitting is in full at the time of separation, if possible, but in no event later than the next regularly scheduled payday; penalty for late payment is damages equal to 5% of the underpayment, per month (calculated from the date of the underpayment) for each month during which wages or final compensation remain unpaid; statute or source is 820 ILCS 115 /5, recorded from its source on 2026-08-31.

- **State:** Illinois _(our reading, not quoted from the source)_
- **Deadline after firing/layoff:** in full at the time of separation, if possible, but in no event later than the next regularly scheduled payday _(verified: appears in the quote below)_
- **Deadline after quitting:** in full at the time of separation, if possible, but in no event later than the next regularly scheduled payday _(verified: appears in the quote below)_
- **Penalty for late payment:** damages equal to 5% of the underpayment, per month (calculated from the date of the underpayment) for each month during which wages or final compensation remain unpaid _(our reading, not quoted from the source)_
- **Statute or source:** 820 ILCS 115 /5 _(our reading, not quoted from the source)_

## What the source says

> When an employee leaves an employer's employment, the employer is required to pay the final compensation of separated employees in full at the time of separation, if possible, but in no event later than the next regularly scheduled payday for such employee.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Penalty for late payment

> damages equal to 5% of the underpayment, per month (calculated from the date of the underpayment) for each month during which wages or final compensation remain unpaid. Damages are payable to the employee and continue to accrue, without limitation, until the amount found owing is paid.

### Statute or source

> All final compensation, including bonus payments, vacation pay, wages and commissions must be paid on your next regularly scheduled payday. 820 ILCS 115 /5.

## Source

- https://labor.illinois.gov/faqs/wage-payment-faq.html
- https://labor.illinois.gov/laws-rules/fls/wpca-penalties.html

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Final paycheck deadlines by US state — how long an employer has to pay a departing employee's last wages, quoted from the state's own labor law](https://referencesource.org/final-paycheck-deadlines-by-state/).