Louisiana PTO Payout Law
✓ Verified against official sources · September 1, 2026 La. R.S. 23:631(D), 23:632
The short answer: Louisiana counts accrued vacation as an amount due with the final wages when the employee was eligible for it, had accrued the right to take it, and hadn't yet used or been paid for it.
Payout at separation
Required when eligible + accrued + untaken under the stated policy
Use-it-or-lose-it
Policy design controls eligibility and accrual — but accrued time is due
What's payable
Accrued vacation, with the final wages (next payday or 15 days)
Penalty for non-compliance: Unpaid vacation is unpaid wages under La. R.S. 23:631: penalty wages of up to 90 days' pay (or full wages from demand, whichever is less) plus attorney's fees under 23:632.
Louisiana answers the payout question inside its final-wage statute. Under La. R.S. 23:631(D), vacation pay is "an amount then due" with the final wages when two things are true under the employer's stated vacation policy: the employee was eligible for and accrued the right to take vacation with pay, and had not taken or been compensated for that time as of the separation.
The payout follows the final-wage deadline — the earlier of the next regular payday or 15 days — and non-payment exposes the employer to 23:632 penalty wages: 90 days' wages at the daily rate or full wages from demand until payment, whichever is less, plus attorney's fees, subject to the good-faith exception.
For employersThe statute defers to your stated vacation policy on eligibility and accrual — but once time is accrued and untaken, it's an amount due, and the 90-day penalty-wage clause backs it.
For employeesIf you were eligible for vacation and had accrued time you hadn't used or been paid for, it belongs in your final wages — due by the earlier of the next payday or 15 days.
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Louisiana FAQ
Can a Louisiana policy deny vacation payout?
The policy controls eligibility and how vacation accrues — but time that has accrued and gone unused under the stated policy is an amount due at separation under 23:631(D).
What's the penalty for withholding accrued vacation in Louisiana?
The same as for any unpaid final wages: up to 90 days' penalty wages (or full wages from demand, if less) plus attorney's fees under 23:632.
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Official sources
La. R.S. 23:631 — official text (vacation as amount due)
Primary source for this page
La. R.S. 23:632 — penalty wages
Supporting official source
Educational content, not legal advice. Rules change — every fact above was checked against the linked official sources on the date shown.
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How other states compare
| State | Payout at separation | Use-it-or-lose-it | What's payable |
|---|---|---|---|
| California | Required — accrued vacation/PTO is wages | Not enforceable — reasonable accrual caps are allowed | Accrued, unused vacation and general PTO at the final rate of pay |
| Colorado | Required — earned vacation cannot be forfeited | Void as to earned vacation — accrual caps are allowed | Earned vacation pay under the policy or agreement |
| Illinois | Required — earned vacation is final compensation | Cannot forfeit earned vacation — prospective caps allowed | Monetary equivalent of earned vacation and holidays at the final rate |
| Louisiana | Required when eligible + accrued + untaken under the stated policy | Policy design controls eligibility and accrual — but accrued time is due | Accrued vacation, with the final wages (next payday or 15 days) |
| Maine | Required for employers with 11+ employees (accruals since 2023) | Cannot defeat the statutory payout for covered employers | All unused paid vacation accrued under the policy on or after Jan 1, 2023 |
| Maryland | Required by default — unless a written, noticed policy limits it | Enforceable only if in writing and noticed at hire (§ 3-504) | Accrued leave, on or before the normal payday for the final period |
| Massachusetts | Required — accrued vacation is wages under the Wage Act | Cannot strip earned vacation — prospective accrual limits allowed | Accrued, unused vacation — included in the day-of-discharge payment |
| Nebraska | Required — earned, unused vacation is wages by statute | Cannot forfeit earned vacation at separation | Earned, unused vacation; other paid leave only if agreed |
| North Carolina | Per policy — promised vacation must be given as time or pay | Works only with written notice of the policy (§ 95-25.13) | Vacation due under the policy or practice, with the final wages |
| Rhode Island | Required after 1 year of service — accrued vacation becomes wages | Cannot defeat the payout once the year is served | Vacation accrued by CBA, written or verbal policy, or any agreement |
| Texas | Only if a written policy or agreement provides for it | Enforceable — the written policy's terms control | Vacation, sick leave or severance the written policy promises |
| Washington | Per written policy — vacation is a voluntary benefit | Enforceable if the policy says so | Whatever the policy promises; statutory sick leave need not be cashed out |
| West Virginia | Per the agreement or policy's own terms | Enforceable if the written terms provide it | Fringe benefits due under the agreement, with the final wages |
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