Does Florida Have a Final Paycheck Law?

Use the free tool — Final Pay & COBRA Clock FL

Does Florida have a law setting a deadline for your last paycheck?

No. Florida has no state statute that sets a deadline for your final paycheck. That surprises a lot of people, and a lot of advice online gets it wrong by borrowing rules from other states.

What does apply is federal law: the FLSA "next regular payday" rule. Under this rule, you should be paid by your normal payday for the pay period you worked, even after you leave. There is no separate, faster federal deadline just because you separated from the job.

What about unused PTO or vacation pay?

This is not covered by Florida state law either. Whether you're owed a payout for unused PTO depends on your employer's own written policy — not on a statute.

If the written policy says PTO is paid out at separation, that's what should happen.
If the written policy says otherwise, or says nothing, the outcome may be different.

A guide like this cannot read your actual employee handbook or plan documents. Check your written policy or ask HR directly to be sure.

COBRA: the notice and the 60-day clock

COBRA gives you a right to continue your health coverage after you leave a job. Two things matter here, and they're easy to mix up:

Your plan must send you a notice about your COBRA rights.
You then have a 60-day election window to decide, under federal COBRA rules (29 U.S.C. 1161–1169; 29 CFR 2590.606).

The real deadline runs from the date on your plan's actual notice, not from your last day of work — so keep the envelope it came in. There's also an alternative: the ACA marketplace special-enrollment period, which can be worth comparing against COBRA's premium math before you decide.

If your employer doesn't pay you

If you aren't paid by your normal payday for wages you're owed, the U.S. Department of Labor's Wage and Hour Division can help. Their number is 1-866-487-9243, and the service is free.

What to do next

A free tool — Final Pay & COBRA Clock FL — can walk through your specific situation. It asks about your last day, how you left, your pay schedule, your PTO and written policy, your health plan, and employer size. It reads your own document and numbers and gives you:

The FLSA payday timing that applies to you.
An explanation of how PTO payout works based on what you describe.
Your COBRA notice and 60-day election dates, computed from your coverage-end date.
A comparison of COBRA versus the marketplace alternative, with the premium math.
A written request letter to send to payroll for your final pay and PTO.

This is not legal, tax, or benefits advice, and it cannot read your handbook or plan documents. It doesn't file anything for you. Use it as a starting point, but confirm your specific situation with your employer, your plan administrator, or a professional.

Use the free tool

Final Pay & COBRA Clock FL is an informational tool based on the FLSA, COBRA (29 U.S.C. 1161–1169; 29 CFR 2590.606), the ACA special-enrollment rules, and Florida Statutes 448.08 as of 2025–26. It is not legal, tax or benefits advice and does not file anything. Plan-specific deadlines are in the plan's notices. It is not affiliated with any employer, insurer or agency.