Montana Final Paycheck Laws
Calculate when final wages are due under Montana law. Enter the termination details below.
Final Paycheck Deadline Calculator
Find out exactly when the final paycheck is due based on state law.
Montana Law
Immediately if possible, but no later than 3 business days after date of termination or upon demand by employee
Montana has among the strictest final pay requirements in the nation. For terminated employees (fired, laid off), you must pay immediately if payroll is reasonably available, otherwise within 3 business days. Failure to comply can result in penalties of up to 110% of wages owed. Common mistake: Waiting until the next regular payday for terminated employees - this violates Montana law. Best practice: Prepare final paychecks before termination meetings.
Montana is one of the few states that requires payout of accrued vacation regardless of the reason for separation. 'Use-it-or-lose-it' policies are generally NOT enforceable in Montana for accrued vacation time. What this means for employers: You cannot have a policy that forfeits earned vacation upon termination. Track vacation accruals carefully and include this amount in final pay calculations. This applies to all separations - voluntary resignations, terminations, layoffs, and retirements.
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Montana Final Paycheck Requirements
| Scenario | Deadline |
|---|---|
| Employee is fired or laid off | Immediately if possible, but no later than 3 business days after date of termination or upon demand by employee |
| Employee quits with notice | On next regular payday or within 15 days, whichever comes first |
| Employee quits without notice | On next regular payday or within 15 days, whichever comes first |
| PTO/Vacation payout required? | Yes |
Penalties
Montana does not have specific statutory penalties for late final paychecks. However, employees may still file wage claims and employers could face other consequences.
PTO/Vacation Payout
Montana is one of the few states that requires payout of accrued vacation regardless of the reason for separation. 'Use-it-or-lose-it' policies are generally NOT enforceable in Montana for accrued vacation time. What this means for employers: You cannot have a policy that forfeits earned vacation upon termination. Track vacation accruals carefully and include this amount in final pay calculations. This applies to all separations - voluntary resignations, terminations, layoffs, and retirements.
Additional Notes
Montana has among the strictest final pay requirements in the nation. For terminated employees (fired, laid off), you must pay immediately if payroll is reasonably available, otherwise within 3 business days. Failure to comply can result in penalties of up to 110% of wages owed. Common mistake: Waiting until the next regular payday for terminated employees - this violates Montana law. Best practice: Prepare final paychecks before termination meetings.
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